Licensing authorities must consider local resolutions and public interest before issuing liquor licenses; failure to adhere to statutory conditions can render such licenses unlawful.

COMMON ORDER :

M. JOTHIRAMAN, J.

Under assail is the order passed by the Commissioner of Prohibition and Excise granting license in R.Dis.No.P and E. 2(1)/1194/2025 dated 07.10.2025. Two writ petitions have been filed in the name of Public Interest Litigation.

2. It is the case of the writ petitioner in WP.(MD)No.31562 of 2025 that his locality falls within Alanganallur Union, Vadipatti Takuk, Madurai District. The said union consists 37 village panchayat and 2 town panchayat and is having a population of approximately 1,30,000/- people. From the year 2020, the village people, especially women had conducted several agitations and protest over the establishment of TASMAC and other private bars in the said union and had successfully prevented the opening of any above shops in the said union. Alanganallur union is revered worldwide during the month of January towards Jallikattu and people from several parts of the country are visiting the said union. Alanganallur and Palamedu village does not have any liquor shop till date. It is came to the knowledge of the petitioner that the Commissioner of Prohibition and Excise Department, Chennai had granted FL.2 license to the eighth respondent/ Paulpandian to set up a private recreation club in violation of the rules and defeating the cultural values of the union.

3. It is the case of the writ petitioner in WP.(MD)No.31655 of 2025 that Alanganallur panchayat union consists 36 villages. In none of the village, there is no TASMAC outlet is functioning for the past five years. More particularly, Thandalai village, Pudupatti village and Mettupatti village, the village panchayats already passed resolution prohibiting the opening of TASMAC outlet by the Government. Alanganallur is the Town panchayat and in which also there is no TASMAC outlet is functioning. The Government is granting FL2 license for handling for liquors by the clubs in the course of their recreational activities. The 7^th respondent club is registered under the Societies Act. They have obtained FL2 license from the Commissioner, Prohibition and Excise Department, on 07.10.2025. There are restrictions in granting FL2 license for newly formed societies. In order to overcome such situation, the 8^th respondent and the Secretary of the 7^th respondent club adopted a novel method and thereby, purchased the society, which is earlier functioned in the name of NDR Vaigai Sports Recreation Helping Club and changed the name as Pon's Recreation Club, Thandalai. In fact, respondents 7 & 8 are residents of Bethaniyapuram, Madurai and they are not resident of Thandalai village. On 29.01.2025 by changing the name, they obtained a certificate from the District Registrar, Madurai North. The third respondent Police Department withour proper verification had issued no objection certificate. The said certificate itself discloses non application of mind, since it discuss about Leo Recreation Club. The 7^th respondent club itself is only a name sake club without actually functioning and without any proper members. By fabrication of documents, the society was registered and license was obtained. The impugned license issued by the Commissioner, Prohibition and Excise Department, Chennai dated 07.10.2025 is illegal, unlawful and against the principal of natural justice.

4. Since both the writ petitions have been filed as against the issuance of FL.2 license dated 07.10.2025, both writ petitions are disposed of by this common order.

5. The learned counsel appearing for the petitioner in WP.(MD)No.31562 of 2025 would submit that the eighth respondent club had earlier functioned as NDR Vaigai Sports Recreation Helping Club and had changed its name as Pons Recreation club, Thandalai only in