G JAYACHANDRA Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) The petitioners were granted privilege for retail vending in Indian Made Foreign Liquor under the provisions of the Tamil Nadu Liquor (Retail Vending) Rules, 1989, hereinafter called 'the Rules', for the excise year 2001-2002. Admittedly, the petitioners were allowed to continue such retail vending for the excise year 2002-2003 as per the direction of the Apex Court and now they have made applications for renewal of the licence for the 3rd year, viz., 2003-2004 which were rejected under the impugned orders on the basis that there is no provision for renewing the licences of the petitioners as Rule 14 of the Rules which dealt with the renewal of licence had already been omitted.

(2.) The above writ petitions came up for admission on 26.9.2003. Since it was opposed on behalf of the State to grant interim order as prayed for in the W.P.M.Ps., this Court inclined to hear the writ petitions themselves on merits to give quietus to the issue raised finally.

(3.) Before deciding the issue raised in this case, it is necessary to set out certain facts and earlier orders passed by this Court and the Apex Court at the instance of the Government and the licensees like petitioners. The Government of Tamil Nadu decided to grant privilege of selling Indian Made Foreign Liquor to 6,000 retail vending shops for the excise year 2001-2002, commenced on 18.1.2001 and expired on 31.7.2002. I am not dealing with the various provisions of the Act and the relevant Rules as they are not necessary for the present purpose. Rule 14 of the Rules as it stood before omission, dealt with renewal of licence. Under Sub-Rule 2A of Rule 13, the period of licence shall be for the period ending 31st May of succeeding year unless otherwise specified in the licence issued in a particular case, provided that the said period shall not apply to the licences renewed for the 2nd and 3rd year under Rule 14 of the Rules. Rule 14 of the Rules as it stood provided the procedure for applying for renewal in Form 8.