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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, J
TN Tourism Society Adyar, rep by its President S. Kalyan Saarang, S/o. Sugesan – Appellant
Versus
Commissioner of Prohibition and Excise, Office of the Commissioner of Prohibition and Excise Department – Respondent
| Table of Content |
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| 1. key facts regarding the petitioner's lease and license application were presented. (Para 3 , 5) |
| 2. arguments of the parties regarding the legality of the bar operation were discussed. (Para 4) |
| 3. court observations highlighted precedence regarding litigious possession. (Para 6 , 7) |
| 4. final decision on the petition's disposal was established. (Para 8) |
ORDER :
(N. ANAND VENKATESH, J.)
This writ petition has been filed challenging the impugned proceedings of the second respondent dated 24.03.2025.
2. Heard the learned counsels appearing for the parties.
3. The case of the petitioner is that they entered into a lease agreement with the third respondent on 24.04.2021 and the lease was granted for a period of seven years. Thus, according to the petitioner, the lease period will come to an end only in the year 2028. The petitioner is running the recreation club and wanted to start a FL-2 bar. An application was submitted before the second respondent and the second respondent, through the impugned proceedings dated 24.03.2025, rejected the application on the ground that the petitioner has to submit the renewal copy of the rental agreement from his land owner or in the alternati
A tenant's claim for a liquor license is unsustainable when their possession becomes litigious due to ongoing eviction proceedings, distinguishing between juridical and lawful possession.
A lease created in litigation cannot confer lawful possession; owner consent is essential for license renewal.
The main legal point established in the judgment is that the termination of the lease was valid, but the petitioner's entitlement to continue in possession beyond the lease period due to subsequent e....
The court affirmed that a license to trade in liquor can only be considered if all procedural requirements are met, rejecting any premature judicial directions.
A licensee whose license has expired cannot claim protected tenant status under Section 15A of the Bombay Rent Act, and tenants are estopped from questioning the landlord's title during eviction proc....
Lawful possession can be protected by temporary injunction against eviction until due process is followed, emphasizing the necessity of establishing a prima facie case, balance of convenience, and ri....
The distinction between a license and a lease is determined by the intention of the parties, as reflected in the deed, rather than merely the possession of the property.
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