V PETHAPERUMAL Vs. STATE OF PONDICHERRY

JUDGEMENT

(1.) SINCE in both the writ petitions, the petitioners have sought for one and the same relief namely, for quashing G.O.Ms.No.1/ Excise dated 22.02.2010 published in the Extraordinary Gazette No.8, dated 22.02.2010 they are being heard and disposed of by this common order.

(2.) W.P.No. 5556 of 2010 is filed under the garb of public interest litigation seeking for the issue of a Writ of Certiorarified Mandamus calling for the entire records in respect of G.O.Ms.No.1/ Excise Dated 22.02.2010 on the file of the third respondent, which was published in the Puducherry Gazette and quash the same and consequently direct the respondent not to issue fresh licenses to IFML in future.

(3.) IT is the case of the petitioner that there are already surplus toddy shops, arrack shops, bars and wine shops in almost all the villages and town. License has been granted to conduct bars in the five star and three star hotels. Apart from that the Government has also opened number of restaurants wherein Government has permitted running of bars. The Government through co-operative societies like PASIC, PAPSCO and AMUDHA SURABI has permitted to run the bar. During the year 1989, many Social Welfare Organizations, NGOs and Social Workers brought to the notice of the Government the need to restrict the number of IMFL Shops in the interest of public and particularly younger generation, whose population itself is around 3 lakhs. Accordingly, the Government took a policy decision not to grant new licenses. However, the said ban was relaxed in respect of hotels/restaurants under Tourism category, and also to the Government run co-operative societies like PASIC, PAPSCO and AMUDHA SURABHI. According to the petitioner, in spite of ban in force, more than 100 licenses have been issued to the co-operative/public sector category and tourism hotels.