P.Prabakaran v. The Commissioner of Prohibition and Excise
WP(MD)/22416/2026 · 2026-08-06
C V Karthikeyan, R Sakthivel
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 62679 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 62679 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:MHC:3324 WP(MD). No.22416 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06/08/2026 CORAM THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN AND THE HONOURABLE MR. JUSTICE R. SAKTHIVEL WP(MD). No.22416 of 2026 and WMP(MD)No.16709 of 2026 P.Prabakaran ... Petitioner Vs 1.The Commissioner of Prohibition and Excise, Chepauk, Chennai- 600 005.
2. The District Collector, The Collectorate, Madurai District.
3. The Assistant Commissioner (Excise), Office of the Assistant Commissioner (Excise), Madurai District.
4. The Inspector General of Registration, Registration Department, No.100, Santhome High Road, Chennai-600 028.
5. Honey Bee Recreation Club Rep. by its Secretary, P. Muthu Vairavan ... Respondents 1/6 https://www.mhc.tn.gov.in/judis
WP(MD). No.22416 of 2026 PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorari, to call for the records of the impugned proceedings of the 1st respondent in R.Dis.No.P & E. 2(1)/5412/2022 dated 05.11.2025 and quash the same as illegal.
For Petitioner : Mr.Gokul Abimanu for M/s.S.Bharathi
For Respondents : Mr.M.P.Senthil Government Pleader for R1 to R4 Mr.T.Lajapathy Roy Senior Counsel for M/s.Roy & Roy Associates for R5
ORDER (Order of the Court was made by C.V.Karthikeyan, J.) The writ petition has been filed seeking the records relating to the impugned proceedings of the first respondent in R.Dis.No.P & E.2(1)/5412/2022, dated 05.11.2025 and to quash the same. 2.Earlier, the same writ petitioner had filed W.P(MD)No.4135 of 2026, seeking the following relief: 2/6 https://www.mhc.tn.gov.in/judis
WP(MD). No.22416 of 2026
“ Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari to call for the records of the impugned proceedings of the first respondent in R.Dis.No.P & E.2(1)/5412/2022 dated 05.11.2025 and quash the same as illegal.” 3.Both the writ petitions relate to the very same order dated 05.11.2025 in R.Dis.No.P&E.2(1)/5412/2022. The Division Bench had
disposed of the writ petition by issuing directions by order dated
13.02.2026. If the petitioner is aggrieved by the said order, he will have to take recourse in the manner known to law. However, filing of a second writ petition seeking the same relief and inviting the Court to once again adjudicate the issue is not permissible. It is re-litigation of the same issue. In T.Arivandandam -vs- T.V.Satyapal and another reported in AIR 1977 SC 2421 : 1977 (4) SCC 467, it had been very clearly stated that re-litigation cannot be encouraged by the Court and should be nipped in the bud. 4.The learned Senior Counsel for the fifth respondent stated that, subsequent to the order of the Division Bench of this Court, the 3/6 https://www.mhc.tn.gov.in/judis
WP(MD). No.22416 of 2026 Commissioner of Prohibition and Excise, who is the first respondent, had conducted an enquiry and had also passed an order on 11.03.2026 in proceedings P&E.2(1)/5412/2021. 5.In view of the above, we are of the opinion that the present writ petition challenging the very same order that was already considered in the earlier writ petition, amounts to re-litigation of the same issue and cannot be permitted. If the petitioner is aggrieved by the order passed by the Division Bench, he is at liberty to work out his remedy in accordance with law. Accordingly, the present writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
(C.V.K., J.) & (R.S.V., J.) 06.08.2026 sji NCC : Yes TO 1.The Commissioner of Prohibition and Excise, Chepauk, Chennai- 600 005. 4/6 https://www.mhc.tn.gov.in/judis
WP(MD). No.22416 of 2026
2. The District Collector, The Collectorate, Madurai District.
3. The Assistant Commissioner (Excise), Office of the Assistant Commissioner (Excise), Madurai District.
4. The Inspector General of Registration, Registration Department, No.100, Santhome High Road, Chennai-600 028. 5/6 https://www.mhc.tn.gov.in/judis
WP(MD). No.22416 of 2026 C.V.KARTHIKEYAN, J. and R. SAKTHIVEL, J. sji
ORDER IN WP(MD) No.22416 of 2026 Date : 06/08/2026 6/6 https://www.mhc.tn.gov.in/judis