LAWS(MAD)-2012-2-135

SREE VISHNU BOTTLES REPRESENTED BY ITS PROPRIETOR K GANESH KUMAR REPRESENTED BY HIS POWER AGENT K ANANDAKUMAR Vs. STATE OF TAMIL NADU REPRESENTED BY SECRETARY TO GOVERNMENT

Decided On February 09, 2012
SREE VISHNU BOTTLES REPRESENTED BY ITS PROPRIETOR, K. GANESH KUMAR, REPRESENTED BY HIS POWER AGENT, K. ANANDAKUMAR Appellant
V/S
STATE OF TAMIL NADU REPRESENTED BY SECRETARY TO GOVERNMENT Respondents

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioners and the learned Additional Government Pleader appearing on behalf of the respondents.

(2.) SINCE, the facts and the circumstances arising for consideration in both the above writ petitions are the same, a common order is passed.

(3.) THE learned counsel appearing on behalf of the petitioners had submitted that, as per Section 22 of the Designs Act, 2000, no one should be restrained, without an order of interim injunction from the District Court or any other Court, as defined under the said Section. While so, neither the respondents, nor the distillery companies could infringe on the right of the petitioners to transport the empty bottles, even if there may be restrictions in the sale of the contents of such bottles.