✦ High Court of India · 04 Nov 2024

High Court · 2024

Case Details High Court of India · 04 Nov 2024

Court

High Court of India

Decided

04 Nov 2024

Bench

Not available

Length

1,000 words

Acts & Sections

Constitution of India

W.P. Nos.28664 to 28666 and 28668 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 04.11.2024 CORAMTHE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQW.P. Nos.28664 to 28666 and 28668 of 2024W.P. No.28664 of 2024M/s. Happee Wines,Rep. by its Managing Partner,P. Anand, S/o Packirisamy,No.6, 100 Feet Road,Jeyam Nagar Mudaliarpet,Puducherry - 605 004.... Petitioner -vs-1. Union of India,Rep. by its Chief Secretary to Government,Government of Puducherry,Puducherry.2. The Excise Commissioner,Government of Puducherry,Puducherry.3.The Managing Director,The Puducherry Agro Products, Food & Civil Supplies Corporation Limited,(A Government of Puducherry Undertaking)Having its registered office atAgricultural Campus, Tattanchavadi,Puducherry - 605 009.... RespondentsPage 1 of 8 https://www.mhc.tn.gov.in/judis W.P. Nos.28664 to 28666 and 28668 of 2024Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of MANDAMUS, directing the respondents to forthwith pay the petitioner a sum of Rs.2,11,28,333/- together with interest @ 24% per annum from the date of filing of the writ petition till full payment is made by the respondents. For Petitioner :M/s. A.L. Ganthimathi, Senior Advocate(For M/s. L. Palanimuthu)For RR 1 & 2:Mr. R. SreedharAGP (Puducherry)For R3:Mr. T. M. NaveenW.P. Nos.28665 of 2024M/s. Happee Wines,Rep. by its Managing Partner,P. Anand, S/o Packirisamy,No.6, 100 Feet Road,Jeyam Nagar Mudaliarpet,Puducherry - 605 004.... Petitioner -vs-1. Union of India,Rep. by its Chief Secretary to Government,Government of Puducherry,Puducherry.2. The Excise Commissioner,Government of Puducherry,Puducherry.Page 2 of 8 https://www.mhc.tn.gov.in/judis W.P. Nos.28664 to 28666 and 28668 of 20243.The Managing Director,The Puducherry Agro Products, Food & Civil Supplies Corporation Limited,(A Government of Puducherry Undertaking)Having its registered office atAgricultural Campus, Tattanchavadi,Puducherry - 605 009.... RespondentsWrit Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of MANDAMUS, directing the respondents to forthwith pay the petitioner a sum of Rs.72,33,556/- together with interest @ 24% per annum from the date of filing of the writ petition till full payment is made by the respondents. For Petitioner :M/s. A.L. Ganthimathi, Senior Advocate(For M/s. L. Palanimuthu)For RR 1 & 2:Mr. R. SreedharAGP (Puducherry)For R3:Mr. V. Vasantha KumarW.P. No.28666 of 2024M/s. Sree Meenakshi Wines,Rep. by its Managing Partner,P. Anand, S/o Packirisamy,No.144/3, (Ground Floor),100 Feet Road,Pakkamudayanpet,Puducherry - 605 008.... Petitioner -vs-Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P. Nos.28664 to 28666 and 28668 of 20241. Union of India,Rep. by its Chief Secretary to Government,Government of Puducherry,Puducherry.2. The Excise Commissioner,Government of Puducherry,Puducherry.3.The Managing Director,The Puducherry Agro Products, Food & Civil Supplies Corporation Limited,(A Government of Puducherry Undertaking)Having its registered office atAgricultural Campus, Tattanchavadi,Puducherry - 605 009.... RespondentsWrit Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of MANDAMUS, directing the respondents to forthwith pay the petitioner a sum of Rs.1,70,36,664/- together with interest @ 24% per annum from the date of filing of the writ petition till full payment is made by the respondents. For Petitioner :M/s. A.L. Ganthimathi, Senior Advocate(For M/s. L. Palanimuthu)For RR 1 & 2:Mr. R. SreedharAGP (Puducherry)For R3:Mr. V. Vasantha KumarPage 4 of 8 https://www.mhc.tn.gov.in/judis W.P. Nos.28664 to 28666 and 28668 of 2024W.P. No.28668 of 2024M/s. Sree Meenakshi Wines,Rep. by its Managing Partner,P. Anand, S/o Packirisamy,No.144/3, (Ground Floor),100 Feet Road,Pakkamudayanpet,Puducherry - 605 008.... Petitioner -vs-1. Union of India,Rep. by its Chief Secretary to Government,Government of Puducherry,Puducherry.2. The Excise Commissioner,Government of Puducherry,Puducherry.3.The Managing Director,The Puducherry Agro Products, Food & Civil Supplies Corporation Limited,(A Government of Puducherry Undertaking)Having its registered office atAgricultural Campus, Tattanchavadi,Puducherry - 605 009.... RespondentsWrit Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of MANDAMUS, directing the respondents to forthwith pay the petitioner a sum of Rs.6,95,234/- together with interest @ 24% per annum from the date of filing of the writ petition till full payment is made by the respondents. Page 5 of 8 https://www.mhc.tn.gov.in/judis W.P. Nos.28664 to 28666 and 28668 of 2024For Petitioner :M/s. A.L. Ganthimathi, Senior Advocate(For M/s. L. Palanimuthu)For RR 1 & 2:Mr. R. SreedharAGP (Puducherry)For R3:Mr. T. M. Naveen****** COMMON O R D E RThese writ petitions filed seeking writ of mandamus to consider the representations of the petitioner and to direct the respondent to forthwith pay to the petitioners the due amount on the supply of liquor and beer, together with interest @ 24% per annum from the date of filing of the writ petition till final payment is made by the respondents.2.At the outset, It was submitted by the learned counsel for the respondents that the petitioners may submit their representations along with supporting documents including orders of this Court or the Supreme Court, if any, in support of their claim and upon receiving such representations, the same shall be considered by the appropriate Authority, agreed to by the learned counsel for the petitioner.Page 6 of 8 https://www.mhc.tn.gov.in/judis W.P. Nos.28664 to 28666 and 28668 of 20243.In view thereof, taking into consideration the facts and circumstances of the case and the relief sought for in these Writ Petitions, there shall be a direction to the respondents that, if any such representation is made by the petitioners, the same shall be considered by the appropriate Authority on merits and orders shall be passed in accordance with law, after affording reasonable opportunity of hearing to the petitioners, within a period of eight (8) weeks from the date of receipt of such representation. It is made clear that this Court has not expressed any views with regard to the merits of the representation and it is open to the concerned respondent to consider the representation on its own merits and in accordance with law.4.Accordingly, these writ petitions are disposed of. There shall be no order as to cost. 04.11.2024Index : Yes/NoInternet: Yes/NoSpeaking order/Non-Speaking orderNeutral Citation : Yes/NostnPage 7 of 8 https://www.mhc.tn.gov.in/judis W.P. Nos.28664 to 28666 and 28668 of 2024MOHAMMED SHAFFIQ, J. stnTo1. The Chief Secretary to Government,Government of Puducherry,Puducherry.2. The Excise Commissioner,Government of Puducherry,Puducherry.3.The Managing Director,The Puducherry Agro Products, Food & Civil Supplies Corporation Limited,(A Government of Puducherry Undertaking)Having its registered office atAgricultural Campus, Tattanchavadi,Puducherry - 605 009. W.P. Nos.28664 to 28666 and 28668 of 2024 04.11.2024 Page 8 of 8

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