Heard Mr.ARL.Sundaresan, learned Senior Counsel for the petitioner and Mr.S.T.S.Murthy, learned Additional Advocate General, appearing for the respondents.
2. The petitioner has sought for issuance of a writ of mandamus, to direct the respondents to permit the petitioner to run the bar at No.2, Odanthurai Village, Ooty Main Road, Mettupalayam, pursuant to the FL 3 license granted to the petitioner with effect from 1998-99.
3. The license granted to the petitioner to run the bar in the resort established by them has not been cancelled or suspended till date. However, it appears that the petitioner was instructed by the officers of the second respondent department to close down the bar in the light of the decision of the Hon'ble Supreme Court. Therefore, the petitioner had approached this Court by way of this writ petition.
4. When the case was heard on 21.07.2017, this Court passed the following order:
1. The learned Additional Advocate General appearing for the respondents has produced the written instructions given by the second respondent, wherein it is admitted that the distance between the State Highway and the licensed bar premises is around 1.2 kms and their contention is that the main entrance gate of the writ petitioner and the State Highway is 5 meters and therefore, they would state that as per the order of the Hon'ble Supreme Court, the bar has to be closed.
2. The learned counsel appearing for the petitioner would submit that they are running a Resort as well as a Theme Park and separate entrance are there and it is clearly 1.2 kms away from the Highway and bar has been in existence since 1988.
3. The petitioner is directed to file a sketch clearly showing as to the location of the bar and various entrances to their Resort and Theme Park etc.
5. Subsequently, when the matter was listed on 24.07.2017, wherein the petitioner stated that there is a separate entrance for the resort and it has got nothing to do with the entrance to the Theme Park, which is from the Main Highway and the distance between the Main Highway and the separate gate is more than 1.2kms. Therefore, this Court recorded the submission and passed the following order on 24.07.2017:
1. The learned Senior counsel has produced a sketch and submitted that the distance from the Ooty Mettupalayam Road to Bar Gate is about 1.2km. It is pointed out that the gate of the bar is near Taskar Bar and there is a separate gate for all the bar gate.
2. A copy of the sketch has been handed to the learned Additional Advocate General, who is directed to verify the facts and report to this Court on the next date of hearing.
6. Based on the directions issued, the learned Additional Advocate General produced before this Court, the proceedings issued by the Taluk Excise Officer, Coimbatore North, addressed to the second respondent, in Na.Ka.No.53 of 2007, dated 24.07.2017. For a better appreciation, the entire communication is quoted herein below:
"ghh;itapy; fhZk; Jiz Mizah;(fyhy;) mth;fspd; bjhiyngrp bra;jpapd;go. nkl;Lg;ghisak; tl;lk;. Xle;Jiw fpuhkk;. gpshf; jz;lh; jPk;ghh;f; (gp) ypl;./ epWtdj;jpduhy; elj;jg;gLk; kJf; Tlj;jpid jzpf;if bra;jjpy; nkw;go gpshf; jz;lh; ncwhl;lypy; kJf; Tlj;Jf;fhd jdpahd EiHthapy; kw;Wk; jPk;ghh;f;fpw;fhd EiHthapy; Mfpa ,uz;Lk; 1998?k; Mz;L mikf;fg;gl;L ,d;Wtiu guhkhpf;fg;gl;L tUfpwJ vd;gijg; gzpt[ld; bjhptpj;Jf; bfhs;fpnwd;/"
7. The above communication clearly shows that the bar which has been established by the petitioner in the resort run by them has got a separate entrance and the same is functioning since 1998 onwards. Thus, the above communication clearly shows the statement made by the petitioner that it is 1.25 Km away from the State Highway is found to be correct by the officials of the second respondent. 8. In the light of the stand taken by the officials of the second respondent, there shall be a direction to the respondents to permit the petitioner to run the bar bearing FL3 license No.23/1998-99, in accordance with the license conditions.
9. With the above direction, the writ petition is disposed of. No costs.
Consequently, the connected miscellaneous petition is also closed.