1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.02.2011 CORAM: THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.(MD)No.1594 of 2011 and M.P.(MD)Nos.1 to 3 of 2011 V.Viswanathan : Petitioner Vs. The District Manager, Tamil Nadu State Marketing Corporation, Thuvakudi, Trichy. : Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order of the respondent in Na.Ka.No.301/2010/C.V-2, dated 10.12.2010 and quash the same and consequently, permit the petitioner to run the bar attached to Shop No.10301, located at No.126, Palakarai Main Road, Opp. State Bank of India, Trichy, till 30.09.2011. For Petitioner : Mr.A.Rahul For Respondent : Mr.J.Ravindran ORDER The petitioner challenges the proceedings dated 10.12.2010, whereby and whereunder the respondent cancelled the licence given to him to run the bar and forfeited the amount deposited by him. 2. The learned Standing Counsel for the respondent has filed an affidavit indicating that the impugned order has been recalled with liberty to pass fresh orders. 3. Since the respondent has already recalled the order impugned in the present Writ Petition, necessarily the Writ Petition has to be dismissed as infructuous. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The petitioner has been conducting the bar on the basis of the interim order passed by this Court. The interim order was granted, as no notice was issued to the petitioner before passing the order challenged in the Writ Petition. Now that the respondent has recalled the impugned order, necessarily the petitioner should be permitted to conduct the liquor bar, till orders are passed by the respondent with notice to him. 5. The petitioner has already submitted his reply to the show cause notice issued by the respondent. The respondent is directed to give an opportunity of personal hearing to the petitioner and pass appropriate orders on merits and as per law. Such exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order. The petitioner is directed to co- operate with the respondent for an early disposal and in case the petitioner fails to co-operate, it is open to the respondent to pass appropriate orders on merits and as per law. 6. The Writ Petition is disposed of with the above direction. Consequently, the connected miscellaneous petitions are closed. No costs. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To The District Manager, Tamil Nadu State Marketing Corporation, Thuvakudi, Trichy. +1cc to Mr.R.Rahul, Advocate, Sr.No.9102 +1cc to Mr.J.Ravindran, Advocate, Sr.No.9032 Order made in W.P.(MD)No.1594 of 2011 Dated:- 17.02.2011 SML/SMA/21.02.2011/4C/2P https://hcservices.ecourts.gov.in/hcservices/