Mr.J.Kumaran, learned Government Advocate (Puducherry) accepts notice for the respondents. Heard both. By consent, the writ petition itself is taken up for final disposal.
2. The petitioner seeks for the issuance of a Writ of Mandamus to forbear the second respondent from issuing licence for running a wine shop at Puvankare Street (Point Care Street), Thillainagar, Mudhaliyarpet, Puducherry. In this regard, representations have been sent to the respondents wherein it has been highlighted that the shop is proposed to be located in the very same premises, which was closed down pursuant to the directions of the Hon'ble Supreme Court.
3. The licensee of the said shop is one Mr.K.Muthukumarasamy. However, the said licensee has not been impleaded as a party respondent in this writ petition.
4. The learned Government Advocate appearing for the respondents would submit that the shop is permitted to be reopened on account of the clarificatory order passed by the Hon'ble Supreme Court.
5. In the representations, apart from stating that the shop should not be located in the very same premises, certain other factors have also been mentioned to show that if the shop is allowed to be reopened, it would be of much nuisance to the residents of the area. In any event, since the representations are pending, it is but appropriate for the authorities to consider the same.
6. Accordingly, the writ petition is disposed of with a direction to the third respondent to consider the representations of the petitioner dated 27.9.2016, 11.7.2017 and 19.9.2017 and pass orders on merits and in accordance with law, after calling for a field report from the appropriate authority. The above exercise shall be completed within a period of three weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected WMP is closed.
21.11.2017 Internet : Yes To
1.The Chief Secretary, Secretariat, Beach Road, Puducherry.
2.The Excise Commissioner, Department of Excise, O/o Chief Secretary, Secretariat, Beach Road, Puducherry.
3.The Deputy Commissioner (Excise), Department of Excise, Thattanchavadi, Puducherry-9.
4.The Special Tahsildar, Department of Excise, Thattanchavadi,Puducherry-9.
RS T.S.SIVAGNANAM,J RS WP.No.29719 of 2017& WMP.No.32040 of 2017 21.11.2017