Cuddalore & Villupuram District Recreation Club, Represented by its Secretary v. Commissioner of Prohibition & Excise, Office of the Commissioner of Prohibition & Excise, Govt. of Tamil Nadu
2013-02-26
V.DHANAPALAN
body2013
DigiLaw.ai
Judgment :- 1. Heard Mr.AR.L.Sundaresan, learned Senior counsel appearing on behalf of M/s. AL.Gandhimathi, for the petitioner and Mr.N.Sakthivel, learned Govt. Advocate for the respondents 1 to 3 and Mr.S.Muthuraj, learned counsel for the 4th respondent. 2. The petitioner-Association has called in question, an order of suspension passed by the 1st respondent in Lr.No.P&E 2(4)/00175/2011, dated 6.1.2011 in respect of FL-2 licence granted to the Petitioner, viz, Cuddalore & Villupuram District Recreation Club at No.9 Byepass Road, Periyar Nagar, Ponneri Village, Vriddhachalam-606 001, Cuddalore District, seeking to quash the same. 3. Though the petitioner challenged the order of suspension of licence for certain violations for a period of 30 days only, the order of suspension takes immediate effect with a request made to the authority concerned. As a matter of fact, the 1st respondent issued vide proceedings dated 30.04.2010, the licence in Form F.L.2 bearing No.5/2010-2011, which was valid up to 31.03.2011. While the licence was in force, the 1st respondent passed the said order of suspension for a specific period in exercise of the powers conferred on the licencing authority Under Rule 22(2) of Tamil Nadu Liquor (Licence and Permit) Rules, 1981 and the petitioner has challenged the said order of suspension passed by the 1st respondent. This Court, by order dated 22.1.2011 granted interim stay of the operation of the suspension, dated 06.01.2011. Later on, the proceedings initiated against the petitioner have been concluded. 4. Subsequently, the 1st respondent granted renewal of licence for a period from 01.04.2011 to 31.03.2012, with a condition that it is subject to the result of the present writ petition. The petitioner has applied for renewal of licence of subsequent period, namely 2012-2013 on 24.02.2012, and on the basis of the report of the District Collector, Cuddalore dated 23.05.2012, the 1st respondent granted the renewal of licence upto 31.03.2013 and that there was no such condition attached to this order. 5. Originally the licence was granted upto 31.03.2011, and suspension of licence was for a period of 30 days and later on, there was a renewal, subject to the result of the writ petition. However, the renewal of the licence has been granted upto 31.03.2013. Hence, the learned Senior counsel appearing for the petitioner submitted that the challenge made by the petitioner in this writ petition has become infructuous.
However, the renewal of the licence has been granted upto 31.03.2013. Hence, the learned Senior counsel appearing for the petitioner submitted that the challenge made by the petitioner in this writ petition has become infructuous. The said position has been endorsed by the learned Government Advocate appearing for the respondents 1 to 3. 6. In view of the above, nothing survives for consideration and the relief sought for by the petitioner has become infructuous and therefore, the writ petition is dismissed as having become in fructuous. No costs. Consequently connected miscellaneous petitions are closed.