LAWS(MAD)-2018-4-840

K BALU Vs. STATE OF TAMILNADU

Decided On April 28, 2018
K Balu Appellant
V/S
STATE OF TAMILNADU Respondents

JUDGEMENT

(1.) The petitioner, a practising Advocate and the President of Advocates' Forum for Social Justice, an organization which gives free legal aid and legal education and conducts seminars, workshops, debates and interviews for the cause of social justice, has filed this writ petition, in public interest, challening Letter No.P & E.II(4)/12740/2016 dated 01.9.2017 issued by the Commissioner, Prohibition and Excise Department, being respondent No.3 herein, directing the District Collectors to permit all F.L.I to F.L.II (Foreign Liquor) Licensed shops within the limits of Municipal Corporations, Municipalities and Town Panchayats, pursuant to which 1700 liquor shops have allegedly been opened all over Tamil Nadu.

(2.) The short question before this Court is whether the direction on District Collectors to permit all F.L.I to F.L.II Licensed shops, which are located within the limits of Municipal Corporations, Municipalities and Town Panchayats to function with immediate effect contravenes the judgment and order dated 15.12016 of the Hon'ble Supreme Court in State of Tamil Nadu, represented by its Secretary, Home, Prohibition and Excise Department and others v. K.Balu and another, (2017) 2 SCC 281 or Rule 8 of the Tamil Nadu Liquor Retail Vending (In shops and Bars) Rules, 2003, hereinafter referred to as 'the Rules').

(3.) Rule 8 of the Rules is set out herein below for convenience: