FRIENDS RECREATION CLUB Vs. COMMISSIONER OF PROHIBITION

JUDGEMENT

(1.) Heard both sides. The petitioner has come forward to file the present writ petition seeking to challenge the order dated 07.10.2008 passed by the first respondent. By the impugned order, the first respondent held that the petitioner Club is not entitled to have FL-2 licence under the Tamil Nadu Liquor (Licence & Permit) Rules, 1981 and the earlier licence given to them was cancelled. However, it was stated that it they desire to run the bar in their club, they can apply for fresh licence after shifting the club to any other suitable place.

(2.) The writ petition was admitted on 21.10.2008. Pending the writ petition, an interim stay was granted. On behalf of one Chelladurai, a miscellaneous petition was filed in M.P.No.1 of 2009. They also filed a vacate stay application, which is yet to be numbered. However, this court is not inclined to entertain the implead petition as the impugned order will have to speak for itself and they are not necessary and proper party in this W.P. Hence that miscellaneous petition is dismissed. However, the learned counsel was heard as an intervener since it is due to their complaint, which resulted in cancellation of licence.

(3.) The petitioner club claimed to have been registered under the Tamil Nadu Societies Registration Act. Its registration number is 3/1998. The petitioner's club as per the list furnished has 126 members. They also have rental agreement with the owner of the premises in Perumalpatti II Keela Street, Srivilliputhur. The Club has been in existence from the year 1998. It has got registered lease deed having lease for over 20 years. It occupied a total space of 2400 sq.ft. with proper parking area for the two wheelers and four wheelers. It had erected a compound wall on all four sides and the club is strictly reserved for the members.