K RAMAMOORTHY Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) By G.O.Ms.128, Prohibition and Excise Department dated 08-07-2002, the Government inter alia increased the number of retail vending shops, withdrew the right of renewal of lease, re-categorized shops and refixed the privilege amount. This gave rise to numerous writ petitions. G.O.Ms.129 and 130 were also passed in furtherance of the new Government Policy.

(2.) Under Clause 5 of the said G.O., the Government directed that the notification for grant of privilege for retail vending of IMFL shall be published on 10-07-2002, the last date for receipt of applications was 18-07-2002 and the drawal of lots to be conducted on 22-07-2002 and if necessary, 23-07-2002 also and the licence should be issued before 31-07-2002. This Clause and the consequent notification are crucial for this writ petition. The Schedule to this Government Order indicated that the newly licensed shops should start functioning from 01-08-2002. The notification is important because by dispensing with the right of renewal the Government had decided to allot all the shops afresh as per G.O.Ms.115 Prohibition and Excise Department dated 22-06-2001.

(3.) In the writ petitions filed challenging the constitutionality of G.O.Ms.128, 129 and 130, the First Bench of this Court considered the issue of curtailment of the right to renew the licence, the increase in the number of shops, the raise in the privilege amount and the re-categorization of shops.