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2026 Supreme(Online)(Mad) 49345

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR, M. JOTHIRAMAN, JJ
Ganesan – Appellant
Versus
Commissioner of Prohibition and Excise – Respondent
W.P(MD)No.15840 of 2026



Advocates:
For the Appellants/Petitioners: A. Azhageson
For the Respondents: C. Jeganathan, S. Sivanesan

The court will not entertain repeat litigation by third parties where the legality of a specific commercial license has already been settled and upheld in prior judicial proceedings.

Headnote:The case involves a challenge to the establishment of a liquor retail shop under the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003, seeking a writ of mandamus for its closure based on alleged illegal operation. The petitioner submitted a representation for the closure of the shop, which prompted the filing of the writ petition. The essential issue raised was whether a newly established liquor shop, which had been subjects of previous litigation, could be challenged again by a different party. The court followed the principle of judicial discipline and finality of litigation, noting that the license for the shop in question had already been reviewed and upheld in prior proceedings. The writ petition is dismissed.

Table of Content
1. prayer for closing a liquor shop via mandamus. (Para 1)
2. res judicata and judicial discipline prevent repetitive third-party litigation regarding previously settled licenses. (Para 2 , 3)

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents 1 to 7 to forthwith close and remove the newly opened TASMAC liquor shop functioning illegally at Survey No.73/7B2, Naduvaloor Village, Thuraiyur Taluk, Tiruchirapalli District, in violation of the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003, by considering the petitioner's representation dated 26.01.2026.

For Petitioner : Mr.A.Azhageson

For R1, R3, R5 & R6 : Mr.C.Jeganathan

Counsel for State

For R2, R4 & R7 : Mr.S.Sivanesan, Standing Counsel

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.)

The prayer in this writ petition is to issue a Writ of Mandamus, directing the Respondents 1 to 7 to forthwith close and remove the newly opened TASMAC liquor shop functioning illegally at Survey No.73/7B2, Naduvaloor Village, Thuraiyur Taluk, Tiruchirapalli District, in violation of the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003, by considering the petitioner's representation dated 26.01.2026.

2. It is brought to the notice of this Court by the learned counsel for the TASMAC that in respect of the very same shop, a writ petition in W.P.No.7922 of 2023 was filed by one Pannerselvam before the Principal Seat of this Court challenging the order dated 20.02.2023, passed by the Commissioner, Prohibition and Excise Department, confirming the order of the District Collector granting approval for opening a TASMAC shop in Survey No.72/3B2 of Naduvalur Village and the said writ petition was dismissed vide order dated 22.10.2025 by the First Division Bench. Subsequently, another writ petition filed in respect of the very same shop in W.P(MD)No.276 of 2026 was also dismissed by order dated 07.01.2026, following the judicial discipline. Now it is the third round of litigation in the name of a third party. Since this Court has already approved the grant of licence to the shop in question recording the factual aspects, we are not inclined to entertain the writ petition.

3. Accordingly, this Writ Petition is dismissed. No costs.

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