High CourtsSingle Bench(2012) 09 MAD CK 0158

Hotel Jeeva vs The Commissioner of Prohibition and Excise Ezhilagam Chepauk, Chennai-600005

Madras High Court · Decided on 5 September 2012

HON’BLE JUDGES
M. Jaichandren, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 24311 of 2012 and M.P. No. 1 of 2012

AI Structured Summary

Not yet generated for this judgment

Judgment

5 paragraphs · 320 words

Honourable Mr. Justice M. Jaichandren

1.

Heard the Learned Counsel appearing for the petitioner and the Learned Counsel appearing on behalf of the respondent. At this stage of the hearing of this writ petition, it had been submitted, on behalf of the respondent, that the impugned order, suspending the licence issued in favour of the petitioner, may be set aside. However, the petitioner may be directed to participate in the enquiry to be conducted by the respondent, pursuant to the notice issued to him, as per the procedures prescribed, under Rule 22(1) of The Tamil Nadu Liquor( License & Permit) Rules, 1981.

2.

It had been further submitted that the respondent would consider the objections filed by the petitioner, if any, and pass appropriate orders thereon, based on the enquiry, on merits and in accordance with law, after giving an opportunity of hearing to the petitioner.

3.

It had been further submitted that it would be open to the petitioner to run the bar in question, by following the procedures established by law and as per the license conditions. In view of the above, the impugned order, suspending the licence issued in favour of the petitioner, is set aside. The petitioner is directed to participate in the enquiry to be conducted by the respondent, pursuant to the notice issued to him. The enquiry shall be conducted, as per the procedures prescribed, under Rule 22(1) of The Tamil Nadu Liquor( License & Permit) Rules, 1981. The respondent shall conduct the enquiry and pass appropriate orders thereon, as expeditiously as possible, not later than four months from the date of receipt of a copy of this order. The respondent shall enable the petitioner to run the bar in question, by removing the seal, which have been put up by them, pursuant to the passing of the impugned order.

The writ petition is ordered accordingly. No costs. Consequently, connected Miscellaneous Petition is closed.