K MUTHUSAMY Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) The petitioners are the licensees in respect of various retail IMFL shops in different districts.They have been allotted such shops on the basis of their application made under Rule 13 of the Tamil Nadu Liquor (Retail Vending) Rules, 1989 (hereinafter called "the Rules").Under the impugned letters dated 1.2.2003 and 4.2.2003, the Government and the Commissioner respectively have issued instructions to settle the IMFL shops, which have not been settled with anybody, with various Co-operative Societies and the Civil Supplies Corporation.

(2.) The relevant portion of the letter (Ms) No.42 dated 1.2.2003 issued by the Secretary to the Government to the Commissioner and others is extracted hereunder: " . . .I am directed to state that the Government have examined the question of licensing of the 2,364 shops remaining unsold in the State.The Government consider that the revenue to the Government can be fully realised, only if the shops are allotted to the Co-operative societies and the Tamil Nadu Civil Supplies Corporation.The Government after consultation with the Registrar of Co-operative Societies and the Chairman & Managing Director, Tamil Nadu Civil Supplies Corporation, under the powers vested with them under proviso to Rule 3 of the Tamil Nadu Liquor (Retail Vending) Rules 1989, have decided to permit the Commissioner of Prohibition and Excise to direct the licensing authorities concerned to grant the privilege of retail vending of Indian Made Foreign Liquor in a total of 1500 shops, i.e. 1,300 shops to the Co-operative Societies and 200 shops to the Tamil Nadu Civil Supplies Corporation on nomination basis.

(3.) Accordingly the Government issues the following guidelines: -