S. GATIKACHALA MUDALIAR AND ORS. Vs. THE STATE OF TAMIL NADU, BY ITS SPECIAL SECRETARY PROHIBITION AND EXCISE DEPARTMENT AND ANR.

JUDGEMENT

(1.) By this judgment I shall dispose of seven petitions under Article 226 of the Constitution of India, viz., Writ Petitions Nos. 3437, 5667, 5732, 7181 and 6963 of 1975 and Writ Petitions Nos. 793 and 795 of 1976, in each of which the petitioner is either firm or an individual carrying on the business of manufacturing and selling varnish within the territorial limits of Tamil Nadu under licences issued in pursuance of the provisions of the Tamil Nadu Denatured Spirit, Methyl Alcohol and Varnish (French Polish) Rules, 1959 (here in after referred to as the Rules) which were framed by the Governor of Tamil Nadu in exercise of the powers conferred on him by, inter alia, the provisions of Section 54 of the Tamil Nadu Prohibition Act, 1937 (here in after referred to as the Act). In the year 1970, Sub-rule (vii) of Rule 9 of the Rules was amended so as to consist of two clauses which read thus:

(2.) The case of the petitioners is based on the provisions of Section 22 of the Act which is reproduced below:

(3.) Bhagwati, J., dealt with this aspect of the matter at great length and his Lord ship's observations on the point which are contained in paragraphs 552 to 555 of the report are reproduced below: