PUDUCHERRY ELITE DISTILLERIES Vs. SECRETARY GOVERNMENT OF PUDUCHERRY

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 2nd March, 2010, passed in W.P. No.17193/2009, whereby learned single Judge dismissed the writ petition refusing to issue any direction upon the respondents for grant of a Small Scale Industry Provisional Certificate for starting an Indian Made Foreign Liquor (IMFL) Unit in the Union Territory of Puducherry.

(2.) EARLIER, the petitioner had filed W.P.26201/2008 seeking a mandamus directing the respondents to register the petitioner's unit in the name of Puducherry Elite Distilleries during October, 2008 in a particular place. However, in the course of hearing, it was submitted that the petitioner-appellant would be satisfied if their application submitted on 14th July, 2008, seeking issuance of a Small Scale Industry Certificate is considered by the respondents within a given time. The earlier writ petition was disposed of with a direction to the respondents to consider the same on its own merit and in accordance with law. Consequently, the application of the appellant was considered and the same was rejected on 27th July, 2009. The said order was challenged by filing the instant writ petition, being W.P. No.17193/2009.

(3.) IT is well settled law that right to carry on business is a fundamental right, but right to carry on business of liquor, including foreign liquor is not a fundamental right. Such right is regulated by the policy framed by the Government from time to time.