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2026 Supreme(Online)(Mad) 15449

IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE DR. JUSTICE G.JAYACHANDRAN
P.Prabakaran – Appellant
Versus
The Commissioner of Prohibit – Respondent



BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2026 CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.(MD) No.4135 of 2026 and W.M.P.(MD) Nos.3451 & 3452 of 2026 P.Prabakaran ... Petitioner -vs-

1.The Commissioner of Prohibition and Excise Chepauk, Chennai-600 005

2.The District Collector The Collectorate Madurai District

3.The Assistant Commissioner (Excise)

Office of the Assistant Commissioner (Excise)

Madurai District

4.The Inspector General of Registration Registration Department No.100, Santhome High Road Chennai-600 028

5.Honey Bee Recreation Club rep.by its Secretary P.Muthu Vairan S/o.V.Palaniandi 1/182, Ring Road Viraganur, Madurai District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari to call for the records of the impugned proceedings of the 1st respondent in R.Dis.No.P & E.2(1)/5412/2022 dated 05.11.2025 and quash the same as illegal.

For Petitioner : Mr.J.Barathan for Mr.S.Bharathi For Respondents : Mr.P.Thilakkumar Government Pleader for R1 to R4 Mr.T.Lajapathi Roy, Senior Counsel for M/s.Roy and Roy Associates for R5

O R D E R

[Order of the Court was made by DR.G.JAYACHANDRAN, J.]

Mr.P.Thilakkumar, learned Government Pleader, takes notice for the respondents 1 to 4 and Mr.T.Lajapathi Roy, learned Senior Counsel, representing M/s.Roy and Roy Associates, takes notice for the fifth respondent.

2. With the consent of both sides, this writ petition is taken up for final disposal at the admission stage itself.

3. The FL-2 licence dated 05.11.2025, issued by the first respondent, in favour of the fifth respondent herein, is under challenge in this writ petition.

4. Learned counsel appearing for the petitioner submits that the FL-2 licence was issued to the fifth respondent subject to the condition that liquor shall be supplied only to the members of the Club and not to outsiders or the general public. However, contrary to the said condition, a prominent advertisement has been displayed, visible to passersby, attracting and inviting them to use the air-conditioned bar facility. A copy of the name board, bearing an arrow mark indicating the direction to the air-conditioned bar, has been produced before this Court to substantiate the said contention. .

5. Learned Senior Counsel appearing for the fifth respondent –

Recreation Club submits that the fifth respondent – Recreation Club is ready to give an undertaking to remove the the name board and not to make any open invitation to the public to have the air-conditioned bar facility provided by the Recreation Club, which is exclusive for its members.

6. Though the above submission of the learned Senior Counsel appears to be very innocuous, we fail to understand as to what the authorities concerned were doing when there is a gross violation of the licence conditions by the fifth respondent by making an open invitation to the public. In such circumstances, the first respondent, who granted FL-2 licence to the fifth respondent, is directed to inspect the premises by deputing any of his officers and find out as to whether there is any violation of the licence conditions imposed by him while granting FL-2 licence and if any violation is found, necessary action shall be taken against the fifth respondent forthwith. Till such time, the fifth respondent is restrained from running the Bar in the Recreation Club.

7. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

[G.J., J.] [K.K.R.K., J.]

13.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No krk To:

1.The Commissioner of Prohibition and Excise, Chepauk, Chennai-600 005.

2.The District Collector, The Collectorate, Madurai.

3.The Assistant Commissioner (Excise), Office of the Assistant Commissioner (Excise), Madurai District.

4.The Inspector General of Registration, Registration Department, No.100, Santhome High Road, Chennai-600 028.

DR.G.

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