Madras High Court
M/S.Srinivasa Youth Association vs The Union Of India on 26 June, 2019
Author: S.Manikumar
Bench: S.Manikumar, Subramonium Prasad
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.06.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR
and
THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD
W.P.Nos.11676 & 11677 of 2017
and
WP Nos.12706, 12707 & 18256 of 2017
WP No.11676 of 2017
M/s.Srinivasa Youth Association,
Rep. by its President,
Kona Venkata Ratnam .. Petitioner
Vs.
1. The Union of India,
rep. by the Chief Secretary to Government,
Government of Puducherry,
Puducherry.
2. The District Collector cum
Special Secretary to Government,
Department of Revenue & Disaster Management,
Government of Puducherry,
Puducherry.
3. The Commissioner,
Excise Department,
Government of Union Territory of Puducherry,
Puducherry.
4. The Regional Administrator,
Yanam.
5. The Member Secretary,
Yanam Planning Authority,
Yanam.
http://www.judis.nic.in
2
6. M/s.Century Wines,
FL/01/01/DCE,
Yanam Bye Pass Road, Yanam.
7. M/s. Sakthi Wines,
FL/01/05/DCE,
Yanam Bye Pass Road, Yanam.
8. M/s. Victory Wines,
FL/01/05/DCE,
Yanam Bye Pass Road, Yanam. .. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
issuance of a Writ of Mandamus, forbearing the respondent from in any manner
constructing, establishing, locating the liquour shops of the Respondents 6 to 8
in the Survey Nos. identified as T.S.No.34/1B and R.S.No.33/1 Part in
C.S.No.282/2/2 Part belong to one Kavala Nagabushanam, Son of K.Nagaraja
Rao; T.S.No.191/A, R.S.No.24/1 Part and C.S.No.194/2, 195/1, 195/2, 196, 198
Part, 200 belonging to Kavala Ganapathy, Son of Kavala Tirumala Rayudu; and
T.S.No.7/2, R.S.No.7/2 and C.S.No.204 and 315 belonging to Kavala
Satyanarayamurthy, Son of Tirumala Rayudu of Kanakalapeta Village of the
Yanam Region and in any other similar lands.
WP No.11677 of 2017
M/s.Srinivasa Youth Association,
Rep. by its President,
Kona Venkata Ratnam .. Petitioner
Vs.
1. The Union of India,
rep. by the Chief Secretary to Government,
Government of Puducherry,
Puducherry.
2. The District Collector cum
Special Secretary to Government,
Department of Revenue & Disaster Management,
Government of Puducherry,
Puducherry.
http://www.judis.nic.in
3
3. The Commissioner,
Excise Department,
Government of Union Territory of Puducherry,
Puducherry.
4. The Regional Administrator,
Yanam.
5. The Member Secretary,
Yanam Planning Authority,
Yanam.
6. Yanam Cooperative Liquor Shop,
FL-02/18/DECY,
Flood Bank Road,
Kanakalapetta, Yanam. .. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
issuance of a Writ of Mandamus, directing the respondents 1 to 6 to close the
6th respondent liquor shop at T.S.No.191/A, R.S.No.24/1 Part and
C.S.No.194/2, 195/1, 195/2, 196, 198 Part, 200 belonging to Kavala Ganapathy,
Son of Kavala Tirumala Rayudu, Kanakalapetta Village.
For Petitioner : Mr.S.P.Vijaya Raghavan
in both WPs.
For Respondents : Mrs. Usha (for R1 to R5)
in both WPs. Additional Govt. Pleader (Puducherry)
COMMON ORDER
(Order of this Court was made by S.Manikumar, J.) On 18.06.2019, we passed the following order:
"M/s. Sai Bharath and Ilan Associates have filed the instant Public Interest Litigations for the following reliefs. WP.No.11676 of 2017:
“For forbearing the respondents from in any manner constructing, establishing, locating the liquor shops of the respondents http://www.judis.nic.in 6 to 8 in the Survey Nos. identified as T.S.No.34/1B and R.S.No.33/1 4 part in C.S.No.282/2/2 part belonging to one Kavala Nagabushanam, Son of K.Nagaraja Rao T.S.No.191/A, R.S.No.24/1 part and C.S.No.194/2, 195/1, 195/2, 196, 198 Part, 199 Part, 200 belonging to Kavala Ganapathy, Son of Kavala Tirumala Rayudu and T.S.No.72/, R.S.No.7/2 and C.S.No.204 and 315 belonging to Kavala Satyanarayanamurthy, Son of Tirumala Rayudu of Kanakalapeta Village of the Yanam Region or in any other similar land.” WP.No.11677 of 2017:
“For directing the respondents 1 to 6 to close the 6th respondent liquor shop at T.S.No.191/A, R.S.No.24/1 Part and C.S.No.194/2, 195/1, 195/2, 196, 198 Part, 199 Part, 200 belonging to Kavala Ganapathy, Son of Kavala Tirumala Rayudu Kanakalapeta Village.”
2. Mr.Sai Bharath has become a Public Prosecutor for Government of Pondicherry and Mr.G.K.Ilanthiraiyan, has become a learned Judge of this Court. It is also represented that the name of the firm has also been changed as “M/s.Sai Bharath Associates”. Hence, submission has been made that a change of vakalat has to be filed.
3. Placing on record the above, Registry is directed to strike off “Ilan” and post the matter on 26.06.2019.
2. On this day, when the matter came up for hearing, Mr.S.P.Vijaya Raghavan, learned counsel for the petitioner now on record submitted that to circumvent the interim orders passed in the abovesaid writ petitions, respondents have opened liquor shops in the adjoining areas and therefore, instant writ petitions have to be retained.
3. Ms.Usha, learned Additional Government Pleader for Pondy submitted that all the liquor shops in the abovesaid survey numbers have been closed and nothing survives in the instant writ petitions for issuance of a mandamus. http://www.judis.nic.in 5
4. Per contra, though Mr.S.P.Vijaya Raghavan, learned counsel now on record though submitted that with further particulars about the new shops opened in the adjoining areas, he would place materials and requested the Court to adjourn the instant writ petitions, we are not in agreement with the contentions made. If the shops opened in the adjoining areas, are in contravention with the provisions of Pondichery Excise Rules, 1970, it is always open to the petitioner to approach the authorities under the rules and in the event of not discharging their duties, approach the Court for appropriate remedy. Consequent to the closure of the shops, nothing survives in this writ petition for issuance of any mandamus as prayed for. Hence, Writ petitions are dismissed. No costs. Consequently, the connected Writ Miscellaneous Petitions are closed.
[S.M.K., J.] [S.P., J.] 26.06.2019 Index: Yes/No. Internet: Yes Speaking / Non-speaking Order ars http://www.judis.nic.in 6 S.MANIKUMAR, J.
AND SUBRAMONIUM PRASAD, J.
ars To
1. The Chief Secretary to Government, Union of India, Government of Puducherry, Puducherry.
2. The District Collector cum Special Secretary to Government, Department of Revenue & Disaster Management, Government of Puducherry, Puducherry.
3. The Commissioner, Excise Department, Government of Union Territory of Puducherry, Puducherry.
4. The Regional Administrator, Yanam.
5. The Member Secretary, Yanam Planning Authority, Yanam.
W.P.Nos.11676 & 11677 of 2017 and WP Nos.12706, 12707 & 18256 of 2017 26.06.2019 http://www.judis.nic.in