N. Sridhar v. Commissioner of Prohibition and Excise, Chepauk
2013-02-15
V.DHANAPALAN
body2013
DigiLaw.ai
JUDGMENT 1. Heard Ms. P.T. Asha, learned counsel for the petitioner, Mr. R.Rajeswaran, learned Special Government Pleader appearing for respondents 1 to 3 and Mr. R.Krishnamoorthy, learned Senior Counsel appearing for the 4th respondent. 2. The petitioner has filed this Writ Petition challenging the communication in Letter No.L5/1491/2013, dated 21.01.2013, in and by which, referring to the decision taken by the Commissioner of Prohibition and Excise, Chennai, dated 18.01.2013, the 2nd respondent herein, with a copy marked to the 4th respondent Club, has informed that on the letter of communication sent by the 4th respondent Club, the Commissioner of Prohibition and Excise, Chennai has granted permission to close down the bar temporarily for one month from the date of issuance of the order. Therefore, the Taluk Excise Officer, the 3rd respondent herein, was directed to take necessary action for freezing the stock in the Club premises and place them in a safe place till the functioning of the bar is resumed with a further direction to send the Compliance Report to the Office of the 1st respondent before 23.01.2013. 3. The petitioner being a member of the Club, being aggrieved by the action taken by the Club by closing the Bar, as there is no renovation work in the Bar, without challenging the original order, dated 18.01.2013, challenged the consequential communication in the Writ Petition. 4. The learned Special Government Pleader produced the records, wherein the order passed by the 1st respondent dated 18.01.2013, would reveal that only from the request letter from the 4th respondent Club, the Bar has been closed temporarily for a month for renovation purpose and therefore, the 2nd respondent, Deputy Commissioner (Excise), Chennai was requested to freeze the stock in the Club premises in a safe place till resumption. 5. Today, it is reported by the learned Senior Counsel appearing for the 4th respondent as well as the learned Special Government Pleader appearing for respondents 1 to 3 that they have taken a decision to resume the running of the Bar shortly and on such resumption, the petitioner's grievance in respect of his right in the Bar of the 4th respondent Club will be redressed.
However, learned Special Government Pleader made a plea that as far as the petitioner's right over the Bar of the 4th respondent Club is concerned, it is for the petitioner to work out his remedy in the manner known to law. 6. Recording the above submissions and with the above observations, the Writ Petition is closed. No costs. Consequently, connected M.P.No.1 of 2013 is closed.