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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE K.KUMARESH BABU
Perumal Manamagil Mandram, represented by its Secretary, M. Jeyagurunathan – Appellant
Versus
Commissioner of Prohibition of Excise, Chepauk – Respondent
| Table of Content |
|---|
| 1. petitioner challenges refusal of license application. (Para 2 , 3) |
| 2. complaints influenced negative recommendation. (Para 4 , 5) |
| 3. government's objection cited as basis for denial. (Para 6 , 7) |
| 4. court examines validity of public objections. (Para 8 , 9 , 10 , 11) |
| 5. application of specific licensing rules discussed. (Para 12 , 13) |
| 6. court directs reconsideration of license application. (Para 14) |
ORDER :
(K. KUMARESH BABU, J.)
Heard Mr.Abudu Kumar Rajaratnam Senior Counsel for Mr.F.Deepak, learned counsel for the petitioner, Mr.J.K.Jeyaseelan, learned Government Advocate for the respondents 1 to 3 and Mrs.M.Aasha, learned Government Advocate (Crl.side) for the fourth respondent.
2. The writ petition has been filed challenging the order passed by the first respondent in Na.Ka.No.Madhu.2/423661/2022 dated 13.07.2024 and for the consequential direction to the first respondent to grant FL2 license for the petitioner's recreational club, namely, Perumal Manamagil Mandram situated in Door No.456A, Masthanpatti, Vandiyur Bypass, Madurai under the Tamil Nadu Liquor (License and Permit) Rules, 1981.
3. The learned Senior Counsel appearing for the petitioner would submit that t
The denial of an FL2 license based on unfounded local objections was ruled as a colorable exercise of power, emphasizing that public interest and local need must substantiate any objections to licens....
The licensing authority must consider public interest and objections before granting licenses under the Tamil Nadu Liquor Rules.
Licensing authorities must consider local resolutions and public interest before issuing liquor licenses; failure to adhere to statutory conditions can render such licenses unlawful.
The court emphasized that compliance with the distance regulations in the Tamil Nadu Liquor Retail Vending Rules is paramount, and public objections must be considered within the legal framework.
A Writ Petition becomes infructuous when the relief sought has already been addressed or rendered unnecessary by subsequent actions.
A Writ Petition becomes infructuous if the relief sought is rendered moot by events occurring prior to the hearing.
Public interest prevails over individual interest in license grant decisions; authorities must consider all aspects absent supporting documents.
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