MANAGING DIRECTOR Vs. P. SANGEETHARAJ

JUDGEMENT

(1.) These Intra-Court Appeals invoking Clause 15 of the Letters Patent, 1865, arise out of the common Order, dtd. 30/9/2022 in W.P. No.21391 of 2022, etc. batch passed by the Writ Court.

(2.) The parties are hereinafter referred as per their description in the said Writ Petitions for the sake of clarity and convenience.

(3.) In the State of Tamil Nadu, monopoly in retail vending of Liquor has been conferred on the Tamil Nadu State Marketing Corporation Limited (hereinafter referred to as 'TASMAC' for short). Rules 3 & 4 of the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003 (hereinafter referred to as 'the Rules' for short) made in exercise of powers conferred under Ss. 17-C, 17-D, 21, 22-D & 54 of the Tamil Nadu Prohibition Act, 1937, pertain to the grant of Licence for retail vending of Liquor in Shops and Bars for the whole of the State of Tamil Nadu. Rule 2(r) of the Rules defines 'Shop' as the building in which the Liquor is stocked and sold, and as per Rule 2(d) of the Rules, 'bar' means a place located within the Shop or adjoining the Shop used for consumption therein of Liquor. While Rules 8 & 9 of the Rules pertain to the location of the shop, Rule 9-A inserted by G.O. Ms. No.20, Home, P & E (VI) Department, dtd. 29/3/2013 issued by the Government of Tamil Nadu, reads as follows: