C PRABHU Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) The petitioners have filed the above writ petitions seeking to issue a writ of mandamus, to direct the respondents to renew the licence for retail vending of IMFL and for retail vending of liquor in the Bar, for the excise year 2002-2003 without insisting the petitioners for the payment of additional security of Rs.1,00,000/- or Rs.50,000/- as the case may be.

(2.) Before dealing with the issue raised in these writ petitions, certain facts are necessary to understand the issue raised therein.

(3.) For the excise year 2001-2002, the Government of Tamil Nadu decided to grant privilege of selling by retail Indian Made Foreign Liquor to 6000 retail vending shops. The said number of shops was determined by the Government exercising powers under Rule 4 of the Tamil Nadu Liquor (Retail Vending) Rules, 1989, hereinafter called 'the Rules 1989'. After following the procedures contemplated under the Rules 1989, the Government of Tamil Nadu granted licence for 5512 retail vending shops. Subsequently, the Government called for applications for granting more licences to 123 shops in the newly notified area and 133 shops in the existing notified area. After the period of licence came to an end on 31.7.2002, the Government deleted Rule 14 of the Rules 1989 under which the licensee was given right to renew the licence for the second year. Challenging the said deletion of Rule 14 of the Rules 1989, 3505 licensees filed writ petitions. The Division Bench of this Court in the decision in State of Tamil Nadu v. K.Vinayagamurthy, 2002(3) CTC 257, disposed of the writ petitions holding as follows:-