A Division Bench of the Madras High Court has overturned an order issued by a single judge of the court on January 31, 2022, directing the Tamil Nadu State Marketing Corporation (Tasmac) to close down all "so-called bars" attached to retail liquor shops across the State because the law allowed only the Commissioner of Prohibition, not the marketing corporation, to permit the consumption of liquor in a public space. The order was overturned by a single judge in a case where Tasmac's right to grant permission for bars was neither pleaded by any of the parties nor formed the subject matter of the writ petitions before him, according to the First Bench of Chief Justice S.V. Gangapurwala and Justice P.D. Audikesavalu.
"It is made clear that no view has been expressed by this court on those aspects [related to Tasmac's act of permitting customers to consume liquor in enclosures adjacent to some of its retail liquor shops], meaning that the challenge to the State's policy in granting the privilege of running bars is left open," the Division Bench said, dismissing a slew of appeals filed by the corporation. The solitary judge stated in his ruling that the Tamil Nadu Prohibition Act, 1937, and the changes to it only allow Tasmac to have a monopoly on the wholesale and retail selling of liquor. They do not allow it to run "bars." However, the Bench stated that the writ petitions before the sole judge were only about getting no-objection certificates (NOCs) from owners of properties near to liquor stores. It concurred with Advocate-General R. Shunmugasundaram that persons interested in participating in the bidding to sell snacks and collect empty bottles did not need to submit such NOCs with their bids.
0 Comments