SATISH MAJUMDAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Since the points involved in all these petitions are the same, they are dealt with together.

(2.) As the facts in all the cases are substantially the same, it is enough if we deal with the facts in the first case, that is, W.P. 465 of 1978. The petitioner in W.P. No. 465 of 1978 is one Satish Mazumdar. who has adopted the affidavit filed by one N. S. Mani in W.Ps. 463 and 464 of 1978 which have already been disposed of by one of us on 9-2-1978. The petitioner in W.P. 465 of 1978 was a holder of liquor permit issued by the State of Tamil Nadu since September 1974 and that permit expired on 20-1-1978. On 3-2-1978, he applied for the renewal of the said permit in accordance with the Madras Liquor (Licence and Permit) Rules 1960, hereinafter referred to as the rules, in the prescribed form. Just before the renewal application was filed, certain modifications were effected in the said rules by G. O. Ms. 3495 Home dated 31-12-1977 published on 1-11978. Rule 10(B)(1) of the Rules relating to the grant of permits on grounds of health was substantially altered. Under the new rule- (1) Only persons who are 45 years of age and above on the date of the application can apply for permits to consume liquor on grounds of health, and (2) Every applicant shall be examined by a Medical Board consisting of the Dean of the local Medical College, who will be the Chairman, a Psychiatrist and a local Doctor specialising in alcohol cases.

(3.) The petitioner who was 42 years of age on the date of the application, apprehending that his application for renewal will be rejected on the basis of the rules as amended by G. O. Ms. No. 3495 Home dated 31-12-1977, has approached this court for the issue of a writ declaring the amended rules as void and for mandamus directing the respondents herein to consider and grant the renewal of his permit in accordance with the rules relating to such renewals as they stood before 31-12-1977 on the following three grounds:-