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2026 Supreme(Online)(Mad) 19650

IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY, J
Tamil Nadu FL2 Urimatharargal Sangam Rep by its President M.C.Veerapandian S/o.Chinnasamy Thevar – Appellant
Versus
The Secretary, Home Prohibition and Excise Department, Fort George, Secretariat Chennai-600 009 – Respondent
W.P(MD)No.6091 of 2026 | W.M.P(MD)Nos.5112 and 5113 of 2026



Advocates:
For the Appellants/Petitioners: Mr.T.Bashyam
For the Respondents: Mr.M.Lingadurai Special Government Pleader

The court ruled that while the circular's requirements are valid, the authority must consider the petitioner's representation and act expeditiously.

Headnote:The judgment pertains to a writ petition filed under Article 226 of the Constitution challenging a circular issued by the Excise Department, which imposes additional document requirements for license renewal. The petitioner, representing an association, argues this requirement poses difficulties for licensees due to administrative delays. The Court finds that while the orders do not need to be set aside, the representation by the petitioner should be considered by the authorities with a mandate for expeditious action. The representation of the petitioner dated 20.02.2026 shall be taken up for consideration by the 2nd respondent; an opportunity of hearing can also be given to the office bearers of the petitioner Association and orders be passed not later than two weeks from the date of receipt of the web copy.

Table of Content
1. challenge to circular on license renewal requirements (Para 1 , 2 , 3)
2. observation on administrative delays and representation (Para 4 , 6)
3. final directive for consideration of representation (Para 7)

ORDER

The writ petition is filed challenging the impugned letter dated

06.01.2026 and the consequential memo dated 08.01.2026.

2.Upon hearing the learned counsel for the petitioner and perusing the impugned order, the impugned order is nothing but circular that is sent to all the authorities, specifying certain procedures with reference to renewal of FL 2, FL 3 license, etc. The association of the licence holders is before this Court.

3.The learned counsel appearing on behalf of the petitioner Association would submit that every year as of the last date of the month of February, the licence holders if they pay their renewal fee, it will be taken without penalty. If they pay on or before 31st March, it will be taken with penalty, the same is not a problem and all the members are in a position to pay. But however, this year certain documents are required which include NOC from the fire department etc. The members are facing difficulty in obtaining the documents immediately and there is an administrative delay in issuing these documents. If the application itself has to be made with all the documents, certainly that will take beyond the cut off time and therefore, the members are put in to the peril of losing the renewal of the licence itself.

Therefore, the association is challenging the order.

4.Per Contra the learned Special Government Pleader would submit that these are general instructions and the documents are mandatory for renewing the licence.

5.It can be seen that the aggrieved individual licensees are not before this Court, but the association has come generally citing the difficulties that are faced by the licensees.

6.In view of the same, I am of the view that the impugned orders dated 06.01.2026 and 08.01.2026 need not be set aside. However, since the association is espousing the difficulties faced by the members, and since the association has already made a representation, the second respondent shall consider the said representation and take a decision in accordance with law.

7.In view thereof, this writ petition is disposed of on the following terms:

(i)The representation of the petitioner dated 20.02.2026 shall be taken up for consideration by the 2nd respondent, an opportunity of hearing can also be given to the office bearers of the petitioner Association and orders be passed, as expeditiously as possible, in any event, not later than two weeks from the date of receipt of the web copy. No costs. Consequently, connected miscellaneous petitions are closed.

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