STATE OF TAMIL NADU Vs. PENGUIN LEASING LTD

JUDGEMENT

(1.) THE writ petition was preferred byPenguin Leasing Ltd. (hereinafter referred to as the "petitioner-Company") in the year 1993 to issue a writ of Mandamus directing the Tamil Nadu State Marketing Corporation Ltd. (for brevity "Corporation") to forbear from purchasing Indian Made Foreign Spirits (in short "IMFS") from any source or person except on the basis of the contract awarded by it, by the method of inviting tenders or by the method of public auction. THE learned single Judge, by the impugned order dated 13.11.2000, having allowed the writ petition, the appeal has been preferred by the State of Tamil Nadu.

(2.) DURING the pendency of the writ appeal, in view of certain developments, it is not necessary to discuss the claim and counter claim of the parties, though it is relevant to notice the development.

(3.) SO far as the distilleries and breweries in the State is concerned, the learned counsel for the Corporation produced the minutes of the 110th Board Meeting held on 27.6.2003, wherein the following decision was taken.