1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2011 CORAM: THE HONOURABLE MR.JUSTICE K.CHANDRU Writ Petition (MD)No.4472 of 2011 P.Annamalaisamy ... Petitioner Vs. 1.The District Collector, Madurai District, Madurai. 2.The General Manager, TASMAC, Kappalur, Madurai-8. 3.The Assistant Commissioner (Excise) Collectorate Building, Madurai-20. 4.The District Registrar (Registrar of Societies) East Marat Street, Madurai-1 5.Thirunagar Town Club, Rep.through its Secretary, S.Jeyakodi, No.1/47, Duraisamy Street, Thirunagar, Madurai-6. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents No.1 to 3 to conduct enquiry regarding the illegal liquor sale made by the 5th respondent to the non members and consequently cancel the liquor licence issued in the name of the 5th respondent. For Petitioner : Ms.M.Padmavathi For 5th Respondent : Mr.Veeranasamy For Respondents 1-4 : Mr.M.Govindan, Special Government Pleader. ORDER It is unfortunate that the petitioner was a member of the fifth respondent club has filed the present writ petition seeking for a direction to the respondents 1 to 3 to conduct https://hcservices.ecourts.gov.in/hcservices/ 2 enquiry regarding the illegal liquor sale made by the fifth respondent club even to its non members and cancel the liquor licence issued in favour of the club. 2.When the matter came up on 20.06.2011 private notice was ordered to the fifth respondent. The writ petition is yet to be admitted. In the meanwhile, the fifth respondent filed a counter affidavit dated 26.07.2011. It was contended by the fifth respondent that the allegations made by the petitioner were all false and mala fide and casually made to defame the club. It is further stated that the club has got 190 members as life members and all of them are hailing from different professionals including some advocates and others. It is got its own bye laws and elected office bearers discharged their functions. The F.L.2 licence obtained by the club is under the condition attached therein and was scrupulously followed. The every day sale and stock statement has been verified and countersigned by the Assistant Commissioner of Excise. The units of quantities supplied to the club is fixed in the licence and the allegation that the liquor is sold to the outsiders is false and in paragraph 11 of the counter affidavit, it was averred as follows: "11.Since already every day the 3rd respondent has verified and counter signed the statement of liquor and countersigned in the F.L.2 ledgers and the same is available with the 5th respondent club and hence the third respondent need not conduct any further enquiry as desired by the petitioner alone". 3.In the light of the stand taken by the fifth respondent, without there being any prima facie case made out, the writ petition is not maintainable since it is purely personal scuffle between the petitioner and the elected office bearers of the fifth respondent. Hence, this Court is not inclined to entertain the writ petition. Hence, this writ petition stands dismissed. No costs. Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Madurai District, Madurai. https://hcservices.ecourts.gov.in/hcservices/ 3 2.The General Manager, TASMAC, Kappalur, Madurai-8. 3.The Assistant Commissioner (Excise) Collectorate Building, Madurai-20. 4.The District Registrar (Registrar of Societies) East Marat Street, Madurai-1 +One Cc to M/s.M.Padmavathy, Advocate, SR.No.36273 Sms rl/6 c- 4.11.2011 Writ Petition (MD)No.4472 of 2011 19.10.2011 https://hcservices.ecourts.gov.in/hcservices/