ORDER

This Writ Petition has been filed to quash the impugned order passed by the second respondent in Na.Ka.No.8479/2022/X2, dated 04.05.2022.

2.Mr.P.Subbaraj, learned Special Government Pleader, takes notice for the respondents 1 and 2 and Mr.H.Arumugam, learned Standing Counsel takes notice for the third respondent. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3.The learned counsel appearing for the petitioner submitted that the petitioner is the secretary of Honey Bee Recreation Club, was granted FL2 license in FL2.No.37/2020-21 for possession of the liquor and supply the same to the members of the club, for consumption. Thereafter, the same was renewed. Thereafter, the Asssitant Commissioner of Prohibition and Excise vide his proceedings dated 20.04.2022, in Na.Ka.No.8479/2022/Madu2, had issued a notice with regard to stoppage of supply, for the reason that the club was inspected on 19.04.2022 and found that the club made an access near the four way road and thereby the members of the club parked their two wheelers in a haphazard manner and causing obstructions for the traffic as well as the bus stop and the shop has been used by the members obstructing the public to use the bus stop. The petitioner was directed to take remedy and measures and report about the same on 29.04.2022.

4.On 29.04.2022, the petitioner appeared and gave his representation informing that there are two way to the club and there are 1500 sq. ft space available for parking the vehicle for its members on the near side. Further, he had also given undertaking that no vehicle would be parked on the four way road and also near bus stop and also obstruction would be cleared. On 04.05.2022, the Assistant Commissioner of Prohibition and Excise, has conducted a surprise check and found that no remedial measures have been taken, based on which, the impugned order passed. The petitioner strongly refused that surprise check was conducted on 04.05.2022. The petitioner had produced a letter, dated 19.07.2022 addressed to the District Collector/ second respondent furnishing with the photographs showing that the parking area and also clearing the obstruction pointed out by the Assistance Commissioner of Prohibition and Excise, the same has not been considered. On the other hand, he proceeded as though the parking area would be acquired. Further, the order of the Commissioner through his word that stoppage of supply of liquor, it amounts to cancellation of license. The District Collector is not having any jurisdiction for cancellation of license. The cancellation of license is to be done only by the licensing authority. In this case, the petitioner is ready to close the entrance abetting the four way road and also ensure that he should open the entrance through the other side of the place, wherein, 1500 sq. ft. open land is available for parking of vehicles without any disturbance to the public or to any one. He further submitted that the petitioner is ready to produce the photographs along with the affidavit showing that 1500 sq.ft. open area is available to park the vehicles and thereby, the bus stop, four way road are not disturbed and obstructed in any manner. The learned counsel appearing for the petitioner submitted that license has been issued following the G.O.Ms.No.32, dated 21.05.2018.

5.The learned Special Government Pleader appearing for the respondents 1 and 2 submitted that the District Collector only issued the impugned order as a temporary measure and thereafter, he had sent a communication to the first respondent in Na.Ka.No.8479/2022/X2, dated 04.05.2022 to take appropriate action. He further submitted that a complaint has been received from one Prabakaran, vice president of Hindu Munnani Kazhagam, who had given a complaint specially that due to functioning of club abetting the four way road, the public are unable to use the bus stand and also causing hindrance for free moment of traffic, particularly, w