1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:26.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.9704 of 2011 S.Stephan, Prop. Sanju Ayurveda Vaithyasalai No.2/64-B, Maharajapuram, Kanyakumari District. : Petitioner Vs. 1.The Commissioner, Prohibition and Excise, Chepauk, Chennai-600 005. 2.The District Collector, Kanyakumari District, Nagercoil. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the first respondent to consider and dispose of the petitioner's appeal dated 04.01.2010. For Petitioner : Mr.H.Velavadhas For Respondents : Mr..B.Pugalendhi Special Government Pleader ORDER ****** Seeking for a Mandamus to the first respondent to consider and dispose of the petitioner's appeal dated 04.01.2010, the petitioner has come forward with the present Writ Petition. 2. It is the case of the petitioner that aggrieved by the order in Na.Ka.M4/31312/06, dated 27.11.2009 passed by the District Collector, Kanyakumari District, Nagercoil, the petitioner has filed an appeal under Rule 127 of the Medicinal and Toilet Preparations (Excise Duties) Rules, 1956, before the Commissioner, Prohibition and Excise, Chepauk, Chennai, the first respondent herein on 04.01.2010. Contending that the said appeal has not been disposed of, till date, the petitioner has come forward with the present Writ Petition for the reliefs stated supra. There is no proof of acknowledgment enclosed in the typed-set of papers. 3. However, considering the limited relief sought for, Mr.B.Pugalendhi, learned Special Government Pleader was put on notice. He submitted that if the said appeal is acknowledged and still pending on the file of the Commissioner of Prohibition and Excise, Chennai, the first respondent herein, orders would be passed, if sufficient time is given. https://hcservices.ecourts.gov.in/hcservices/ 2 4. Considering the limited relief sought for in the present Writ Petition, a direction is issued to the Commissioner of Prohibition and Excise, Chepauk, Chennai, the first respondent herein to dispose of the petitioner's appeal dated 04.01.2010, if acknowledged and still pending on his file, within a period of two months from the date of receipt of a copy of this order, on merits and in accordance with law. 5. The Writ Petition stands ordered accordingly. No costs. SML Sd/- Assistant Registrar[RTI ACT] /True copy/ Sub Assistant Registrar To 1.The Commissioner, Prohibition and Excise, Chepauk, Chennai-600 005. 2.The District Collector, Kanyakumari District, Nagercoil. Order made in W.P.(MD).No.9704 of 2011 Dated:26.08.2011 2P/3C RPB 08.09.2011 https://hcservices.ecourts.gov.in/hcservices/