SECRETARY TO GOVERNMENT OF TAMIL NADU, PROHIBITION AND EXCISE DEPARTMENT, FORT ST GEORGE, CHENNAI AND THE LICENSING AUTHORITY, THE ASST COMMISSIONER (EXCISE), VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR Vs. K VINAYAGAMURTHY

JUDGEMENT

(1.) The constitutionality of Governmental Orders contained in G.O. Ms. Nos.128, 129 and 130 Prohibition and Excise (VI) Department, dated 8.7.2002 has been assailed in this batch of writ petitions. Of course, there is a Writ Appeal filed against the interim order passed in W.P.M.P. No.34563 of 2002 in W.P. No.25181 of 2002. But the said Writ Appeal gets disposed of in view of the disposal of these writ petitions themselves.

(2.) We refer all the writ petitioners as the petitioners; the State Government as the Government; the Commissioner of Excise as the Commissioner and the District Collector as the Collector.

(3.) The petitioners are the licensees of retail outlets set up pursuant to the licences issued during the last excise year 2001 - 2002. The excise year commenced on 1.8.2001 and expires on 31.7.2002. While the wholesale distribution is controlled by the State through the Tamil Nadu State Marketing Corporation, which supplies the Indian Made Foreign Liquor to the retailers like the petitioners, the retailers, including the petitioners, sell the same at the licensed premises. Privilege to vend the liquor in retail was being granted pursuant to Rules framed by virtue of rule-making power conferred by Sections 17-C, 17-D, 17-E, 18-B, 18-C, 20, 21 and 54 of Tamil Nadu Prohibition Act, 1937, hereinafter referred to as the Prohibition Act.