AI Drafter 
TaxTMI 
TaxTMI 
2022 (1) TMI 1450
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....535, 27536, 27698, 27889, 27896, 27357, 27845, 27848, 27727, 27839, 27722, 27724, 27888, 27632, 27693, 27733, 27735 to 27737, 27739 to 27742, 27746 to 27750, 27752, 27753, 27755 to 27757, 27841, 27842, 27844, 27846, 27847, 27849/2021, 27850, 27852, 27854, 27855, 27856/2021, 27861, 27862, 27866, 27869, 27871, 27875, 27878, 27882, 27885, 27890, 27894, 27895, 27865, 27864, 27886, 27872, 27877, 27881, 27876, 27884, 27887, 27891, 27893, 27898, 27901, 27897, 27902, 27903, 27904, 27908, 27909, 27911, 27940, 27944, 27946, 27947, 27948, 27949, 27941, 27942, 27943, 27951, 27952/2021, AND W.M.P. Nos. 29500, 29503, 29121, 29122, 29127, 29128, 29133, 29135, 29142, 29143, 29145, 29146, 29151, 29152, 29153, 29154, 29159, 29160, 29165, 29167, 29244, 29269, 29270, 29282, 29284, 29290, 29292, 29297, 29301, 29303, 29304, 29305, 29306, 29307, 29308, 29309, 29254, 29257, 29299, 29319, 29320, 29322, 29323, 29324, 29325, 29327, 29328, 29329, 29332, 39317, 29318, 29334, 29343, 29344, 29351, 29352, 29353, 29354, 29356, 29357, 29359, 29365, 29370, 29371, 29373, 29375, 29378, 29379, 29380, 29382, 29387, 29388, 29361, 29364, 29385, 29386, 29391, 29393, 29394, 29395, 29397, 29398, 29043, 29065, 28863, 28864, 2....
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...., 27725, 277851, 27853, 27857, 27858, 27859, 27868, 27873, 27874, 27880, 27883, 27698, 27889, 27896, 27845, 27848, 27727, 27839, 27722, 27724, 27880, 27883, 27698, 27889, 27896, 27845, 27848, 27727, 27839, 27722, 27724, 27888 of 2021: Mr. Suresh Kumar for Mr.K.M.Vijayan Associates For Petitioner in W.P.Nos.27602, 27605, 27609, 27613, 27167, 27619, 27621, 27703, 27711, 27719, 27723, 27726, 27728, 27729, 27731, 27730, 27745, 27761, 27751, 27758, 27765, 27766, 27769, 27774, 27789, 27795, 27799, 27805, 27810, 27811, 27813, 27817, 27783, 27785, 27816, 27820, 27822, 27862, 27361, 27352, 27357, of 2021 : Mr.A.R.L.Sundaresan, Senior Counsel for M/s.A.L.Gandhimathi For petitioners in W.P.Nos.27632,: 27733, 2735, 27736, 27737, 27738, 27739, 27740, 27741, 27742, 27746, 27747, 27750, 27752, 27753, 27755, 27756, 27757, 27748, 27749, 27841, 27856, 27842, 27844, 27852, 27854, 27855, 27846, 27847, 27849, 27850, 27861, 27869, 27871, 27862, 27865, 27866, 278875, 27878, 27882, 27885, 27890, 27894, 27895, 27897, 27902, 27903, 27904, 27908, 27909, 27911, 27940, 27944, 27946, 27947, 27948, 27949, 27941, 27942, 27943, 27951, 27952 of 2021 : Mr.M.Manimaran For Petitioner in W.P.No.27693/2021 : Mr....
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....27852, 27854, 27855, 27856/2021, 27861, 27862, 27866, 27869, 27871, 27875, 27878, 27882, 27885, 27890, 27894, 27895, 27865, 27864, 27886, 27872, 27877, 27881, 27876, 27884, 27887, 27891, 27893, 27898, 27901, 27897, 27902, 27903, 27904, 27908, 27909, 27911, 27940, 27944, 27946, 27947, 27948, 27949, 27941, 27942, 27943, 27951, 27952/2021 Writ of Mandamus to direct the respondents to issue and accept the tender forms in respect of the tender notification dated 14.12.2021 to the bar attached to the shops. 3. The impugned Tender Notification has been purportedly issued by the second respondent Tamil Nadu State Marketing Corporation (TASMAC) under the powers conferred with it under the provisions of the Tamil Nadu Prohibition Act, 1937 and the provisions of the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003 consequent to the amendment to the Act. 4. By the impugned Tender, the second respondent Tamil Nadu State Marketing Corporation(TASMAC) has called for a competitive bid from bidders to award contracts to the highest bidders to collect empty liquor bottles in the Bars and for sale of short eats/starters/snacks/side dish water etc. in these Bars situatat....
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....ee to the respondents TASMAC during these months, they still suffered loss as they were forced to not only pay the lease rentals for the premises to the owners of the premises where the bar attached to the TASMAC shops are in operation. It is submitted that these petitioners were also forced to pay salary to the retinue of workers all through the lockdown period when it was in force. 11. It is therefore submitted that the petitioners should be allowed to continue for at least another 15 months period as they have lost money on account of fixed expenditure incurred towards the rentals and the salaries to workers. 12. It was further submitted that the petitioners have heavily invested in developing the infrastructure in the rented premises (for running the Bars) and therefore they deserve longer period to recoup the expenses incurred by them towards the rented premises. 13. That apart, it is submitted that in the impugned Tenders, the requirement of obtaining "No Objection" from the owners of the premises was done away with a view to oust the petitioners and include persons closer to the ruling dispensation. 14. It is submitted that the petitioners who have leased the pre....
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....ts that Tender in the following areas have not been finalized to accommodate few closer to the ruling establishment:- S.No. Name of the District 1 Chennai (Central) 2 Chennai (North) 3 Chennai (South) 4 Kanchipuram (North) 5 Kanchipuram (South) 6 Thiruvallur (East) 7 Krishnagiri 8 Arakkonam 23. It is further submitted that the License Fee payable is in proportion with the sale and therefore the petitioners who have invested heavily should not be made to suffer. 24. The learned Senior Counsel further submitted that the terms of Tender specifically did not include " No Objection Certificate" (NOC) for the highest bidder and that in certain places where Tenders were opened but results were not declared while in certain other places where the Tenders are opened but results were declared to few favourable persons. 25. It is submitted that terms and conditions of Circular dated 22.07.2014 bearing reference Circular No.A3/19/2014 which was there in the tender floated till 2019 required a successful bidder to get a "No Objection Certificate" from the owners of the bar premises whi....
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....y bottles in the bar is not their concern or that they have the right to license the running of the eatery shop therein. In the absence of any specific stand taken, leaving the choice to the appellant to choose according to their desire - a fact which is evident from paragraph 3 of the affidavit filed by the appellants dated 12.03.2012 before this Court, would only result in an arbitrary exercise of the power of selecting the successful bidder. We do not think, such a course could be permitted. In the circumstances, while agreeing with the view of the learned Single Judge in W.P.No.9510 of 2011, we have no hesitation in affirming the view of the learned Single Judge in the order under appeal and thereby dismissing the writ appeals. It may also be noted that on an earlier occasion, a challenge was made to the tender notification pertaining to Sivaganga District containing a clause requiring the applicants to enclose No Objection Certificate from the owner of the building. The said tender notification related to collecting empty bottles and selling eatables in the Shop-cum-bar run by TASMAC. In considering the said question, in W.P.(MD) No.5844 of 2010, by order dated 05.07.2010, lea....
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....the Division Bench of this Court:- "(i) S.Ramanathan Vs. The Managing Director Tamil Nadu State Marketing Corporation Limited, in W.P.Nos.19073 to 19080, 19469 to 19473 and 19755 to 19757 of 2014, vide order dated 28.10.2014 reported in 2014 SCC OnLine Mad 9439. (ii) P.Poomalai Vs. The Sub Collector / District Manager, TASMAC Limited, in W.P.No.11581 of 2016 reported in 2016 SCC OnLine Mad 19216. (iii) State of Punjab and another vs. Devans Modern Breweries Ltd. and another, (2004) 11 SCC 26". 29. The learned Senior Counsel for the petitioners further submits that the order of the Division Bench of this Court in The Deputy Collector / District Manager Tamil Nadu State Marketing Corporation Tiruchirapalli Vs. R.Ramkumar in W.A.No.(MD)No.1492 and 1493 of 2011 vide order dated 14.03.2012 reported in 2010 SCC OnLine Mad 6234 led to the issue of Circular No.A3/19/2014 dated 22.07.2014 referred to supra. It is therefore submitted " No Objection Certificate" is a pre-condition from the owners cannot be dispensed with. 30. The learned Senior Counsel for the petitioners further submits that it has become a regular feature for the respondents TASMAC while flo....
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....s that the auction under the Impugned Tender Notifications is illegal and ultra-vires the Provisions of the Tamil Nadu Prohibition Act, 1937 and the aforesaid Rules. 37. It is submitted that there is no restriction against consumption of liquor in public place and that the very concept of licensing of premises as Bar premises is not contemplated under the Rules and therefore submits that the Tender process is liable to be quashed and declared as ultravires Act. 38. The learned counsel for the petitioners Mr.M.Manimaran in W.P.Nos.27632, 27733, 27735, 27736, 27737, 27738, 27739, 27740, 27741, 27742, 27746, 27747, 27750, 27752, 27753, 27755, 27756, 27757, 27748, 27749, 27841, 27856, 27842, 27844, 27852, 27854, 27855, 27846, 27847, 27849, 27850, 27861, 27869, 27871, 27862, 27865, 27866, 27875, 27878, 27882, 27885, 27890, 27894, 27895, 27897, 27902, 27903, 27904, 27908, 27909, 27911, 27940, 27944, 27946, 27947, 27948, 27949, 27941, 27942, 27943, 27951, 27952 of 2021 submits that the petitioners are from Chennai, Thiruvallur and Kanchipuram regions and that the Tender process has been postponed. 39. The learned Counsel for the petitioners therefore also reiterates the submissio....
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....Forms were neither available for being downloaded from the website of the Respondents TASMAC nor physical were supplied to the prospective bidders before filing the writ petitions. 47. It is submitted that the petitioners who appear to have a lease agreement with the owners or the premises adjacent to leased premises where TASMAC Shops are situated cannot be allowed to jeopardize the Tender process by insisting that license/permission should tuned to suit their requirement to have a prior " No Objection Certificate" (NOC). 48. It is further submitted that under the business model, a successful bidder should enter into a lease with the owner of the property and in case the owner does not offer the lease, the shop will not have a bar adjacent to it. 49. It is further submitted that the decision of the Learned Single Judge of this Court in W.P.No.28101 of 2021 dated 56 https://hcservices.ecourts.gov.in/hcservices/ 29.12.2021 cannot be said to have laid down the law. It is further submitted that there was only a passing reference was made regarding "No Objection Certificate" from the owners. 50. The learned Advocate General also referred to paragraph Nos. 6, 7 & 8 from the ....
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.... licence to sell eatables and collect empty bottles. It is not for this Court to examine as to whether fixation of 3% or 2.5% or 1.5% or 1% of the turnover of the shop for computing the quantum of Security Deposit/licence fee. 13. The fixation of a different percentage for Nilgiris District cannot be a sole reason to strike down the impugned notification, as the respondent seeks to justify their action by stating that such was the basis ever since 2003 onwards and considering the ground realities prevailing to that District 2006 onwards, a different percentage was fixed. Above all none has a fundamental right to trade in liquor. The licence, which is proposed to be offered pursuant to the impugned tender is an adjunct to the right to trade liquor, as it is intended as a facility to the consumers who consume liquor purchased from the retail vending shop adjacent to the premises. Therefore, it has to be observed that the petitioner cannot equate the licence, which will be granted to them as any other licence issued by the Government or Government Corporations. But for the permission granted by TASMAC to create a facility for permitting customers to consume liquor in a 20 des....
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....56. It is further submitted that these writ petitions have become infructuous and if the petitioners are so aggrieved it is for the respective petitioners to work out their remedy under the Provisions of the Tamil Nadu Transparency in Tenders Act, 1998 and the Rules made thereunder against the decision awarding license to the successful bidders. 57. It is submitted that since the Tender process for 1503 shops are completed in respect of Thiruvallur ( West), Chennai Region, Coimbatore Region, Salem Region only in the following regions the tender has been postponed. 58. The Learned Advocate General has also filed a copy of the report submitted on behalf of TASMAC, content of which reproduced below: * It is submitted that the TASMAC has the exclusive privilege license to run the liquor shops and bars, issued by the Commissioner of Prohibition and Excise, as per Rule 4 of the Tamil Nadu Liquor Retail Vending (Shops and Bars) Rules 2003. The said Form -1 license (Rule 4), the Commissioner of Prohibition and Excise has granted the license for a period of one year, from 29.11.2003 to 28.11.2004. From 2004 onwards the license was renewed periodically till date, as per Rule 7....
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.... * Chennai (N) * Chennai (C) * Chennai (S) * Kancheepuram (N) * Kancheepuram (S) * Thiruvallur (E) * Arakkonam; and in * Krishnagiri. * Except for the above 8 districts, in all other 30 districts, the tender was finalized. * It is further submitted that the applications were issued physically and also through online. The applicant can download the application forms through online and they can also obtain them physically from the District Manager Office of respective Districts. * It is further submitted that as on 31.12.2021, 13073 applications were sold and 19146 have been viewed through online (as on 29.12.2021). Whereas, in 2019 Tender, only 6482 applications were sold. Therefore, the claim of restriction in supply of application form is false. Further, when compared to the previous tender (2019) more than 100% of applications were sold during this present tender. * Further as on 31.12.2021, except for the 8 districts, in all other districts, the TASMAC has received the 10019 completed applications out of which 2530 was finalized". 59. I have considered the arguments advance....
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....m (North) 5 Kanchipuram (South) 6 Thiruvallur (East) 7 Krishnagiri 8 Arakkonam 66. The tender process has been purportedly postponed on account of the inclement weather and on account of the following reasons: "i. Lack of enough adequate number of applications. ii. Administrative reasons iii.For the betterment of the Revenue of the respondent". 67. While issuing the previous Tender, the Commissioner of Prohibition & Excise had clarified in his proceedings dated 27.09.2019 as follows:- ORDER In the GO 1st read above, the Government have issued amendment order by inserting Rule 9A in Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003 after rule 9, as follows: "9A. Grant of privilege to run the bar: - The privilege of running bars may be granted to private parties by tender. The Board of the Corporation may decide the upset price and other terms and conditions of tender, from time to time, with the prior approval of the Commissioner of Prohibition and Excise. The Corporation, as agency shall collect the tender amount from the successful tenderers and remit the same to the Government on or befor....
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.... ii)In case of retail vending shops which have been opened after the financial year 2018-19 (i.e. On or after 1 st April 2019) the average sales should be calculated by totaling the cumulative sales value and divided by the number of working days which the shop was run and this average sales per day should be multiplied by 30 to arrive at the average monthly sales. iii)In case of retail vending shops which are functioning less than one month or new shops which would be opened in future, the average sales should be calculated by totaling the sales value for the total number of days during which the shop is working (this should be minimum of fifteen days) and divided by the number of days shop was run and multiply with 30 days ( to convert it for one month average sales). f) The tender period is for a period of two years. (upto 30.09.2021) g) The monthly bar license fee will remain constant during the tender period of 24 months (i.e. Upto 30.08.2021) h) The above changes have been incoprorated in the bar terms and conditions and other existing terms and conditions already approved by the Board of TASMAC may be approved by the Commissioner of Pr....
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....han all those caused to mankind by the great historic scourges of war, famine, and pestilence combined". 75. Thus, there is a mixed history. In the Ancient time, consumption of intoxicating drinks was an accepted norm. However, over a period of time, taboo has been associated with it. Owing to ills and social menace and deleterious impact on the society, Madras Prohibition Act, 1937 was enacted. 76. After independence when the Constitution was made and come into force, an embargo has been laid under Article 47Constitution. There is a negative sanction. Article 47 of the Constitution of India states that the State shall raise the level of nutrition and the standard of living and to improve public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of intoxicating drinks and drugs which are injurious to health. Article 47 of the Constitution of India reads as under:- "Article 47. Duty of the State to raise the level of nutrition and the standard of living and to improve public health The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public ....
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....te the same, the number of persons who are getting used to consume alcohol is increasing every year. 82. During the course of hearing, a question was posed as to how the respondent TASMAC could be seen permitting consumption of liquor either near the TASMAC shops or in the "Bars" as defined in Rule 2(d) of the aforesaid Rules, in the light of prohibition under Sections 4 and 4A preamble to the Tamil Nadu Prohibition Act, 1937. Both the sides, were caught unaware, as this was neither expected nor within the scope of the dispute in these Writ Petitions. Staid silence to this pointed question only shows that either of the parties want this continue. 83. The petitioners on the one hand want to continue to remain relevant and want to continue to do the business. On the other hand, respondents TASMAC wants to make it seem that business was perfectly legal and licence were given to the highest bidder in a fair and transparent manner and the petitioners who were licencee's during the previous period cannot dictate terms to them. It will therefore be useful to refer to the underlying statutory provisions and the evolution of law on prohibition in Tamil Nadu. 84. In Tamil Nadu, law ....
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....ed then. 91. A reading of the pre-amble of the Tamil Nadu Prohibition Act, 1937 makes it clear that the Act is in consonance with the Directive Principle of State Policy under Article 47 of the Constitution of India which enjoins State to endeavour to take steps to bring about a prohibition of intoxicating drinks and drugs which are injurious to health. 92. In 1971-72, prohibition was briefly lifted for the 1 st time. The sale of liquor and toddy through shops were thrown open to the public with the enactment of Tamil Nadu Prohibition (Suspension of Operation) Act, 1971. 93. The operation of the provisions of the Tamil Nadu Prohibition Act, 1937 was suspended with the enactment of Tamil Nadu Prohibition (Suspension of Operation) Act, 1971. The prohibition imposed was however short lived. 94. Within three years, the Tamil Nadu Prohibition Act, 1937 was revived with the enactment of Tamil Nadu Prohibition (Revival of Operation and Amendment) Act, 1974 with effect from 20.08.1974. 95. In 1976, prohibition was once again briefly introduced. In 1981, Prohibition was again lifted and thus the public was once again allowed to purchase liquor from wine shops. 96. However,....
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....ail vendors will be eligible for Bar licences. 104. By G.O.Ms.No.99, Prohibition and Excise Department, dated 26th May, 1992, the Government of Tamil Nadu introduced the Tamil Nadu Liquor (Retail Vending in Bar) Rules, 1992 for regulating the issue of licence and the privilege of retail vending of liquor in the Bar. The Rules came into force on 1 st June, 1992. 105. Under rule 4(a) of the aforesaid Rules, a person holding a licence granted under Rules 13 of Retail Vending Rules, 1989 was allowed to file an application for grant of privilege and licence for retail vending of liquor in the Bar. These bars are different from the bars attached to the hotels to whom licences are issued under the provisions of the Tamil Nadu Liquor (License & Permit) Rules,1981. 106. In 1993, G.O.Ms.No.44, Prohibition and Excise Department, dated 03.03.1993 was issued. The then Government decided to dis-continue the grant/renewal of licences for bars attached to the Indian Made Liquor Retail Vending Shops under the Tamil Nadu Liquor (Retail Vending in Bar) Rules, 1992 with effect from the excise year commencing from the 1 st June, 1993. 107. Thus, Tamil Nadu Liquor (Retail Vending in Bar) Rul....
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....ing tree belonging to him or in his possession; or (e) draws toddy from any tree or permits or suffers toddy to be drawn from any tree belonging to him or in his possession; or (f) constructs or works any distillery or brewery ; or (g) uses, keeps or has in his possession any materials, still, utensil, implement or apparatus whatsoever for the tapping of toddy or the manufacture of liquor or any intoxicating drug, or keeps or has in his possession any materials which have undergone any process towards the manufacture or liquor or any intoxicating drug or from which any liquor or intoxicating drug has been manufactured; or (h) bottles any liquor for purposes of sale; or (i) sells liquor or any intoxicating drug; or (j) consumes or buys - i. any liquor other than such liquor as may be specified by the State Government, by notification, in their behalf; or ii. any intoxicating drug; or (jj) knowingly expends or applies any money in direct furtherance or support of the commission of any of the acts specified in clauses (a) to (j) (k) allows any of the acts aforesaid upon premises to his immediate ....
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....process towards the manufacture or liquor or any intoxicating drug or from which any liquor or intoxicating drug has been manufactured, for the possession of which he is unable to account satisfactorily, and (b) that a person accused of any offence under clause (k) of sub-section (1) has committed such offence if an offence is proved to have been committed in premises in his immediate possession in respect of any liquor or intoxicating drug or any still, utensil, implement or apparatus whatsoever for the tapping of toddy or the manufacture of liquor or any intoxicating drug or any such materials as are ordinarily used in the tapping of toddy or the manufacture of liquor or any intoxicating drug or any materials which have undergone any process towards the manufacture of liquor or any intoxicating drug or from which may liquor or intoxicating drug has been manufactured." 113. As per Section 4 (1)(j) of the Tamil Nadu Prohibition Act, 1937, whoever "consumes or buys" :- "(i) any liquor, other than such liquor as may be specified by the State Government, by notification, in their behalf; or (ii) any intoxicating drug; or shall be punished, with imprisonme....
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....that the former provision applies only to a person found drunk and is incapable of taking care of himself in a public place, while Section 510 of the Indian Penal Code provides only for punishment of a person who, in a state of intoxication, appears in a public place or in a place by trespassing and there conducts himself, in such a manner as to cause annoyance to others. 122. Section 4A was amended so as to make, the person found in a state of intoxication in any public place, and a person other than those who are permitted to consume any liquor or intoxicating drug, is found in a state of intoxication in any private place is punishable with simple imprisonment which may extend to 3 months ( 6 months prior to amendment vide Tamil Nadu Act 2 of 1989) or fine which may extend to Rs.1000/-, on both. 123. The amendment was intended to implement the policy of the Government under the Tamil Nadu Prohibition Act, 1937. It was in consonance with the total prohibition which existed then from 1976 and Article 47 of the Constitution of India. 124. As mentioned above, it is only in the year, 1992, the concept of, consumption of liquor in bars was, introduced with the enactment of Rul....
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.... 4-A in 1979 was intended to discourage persons visiting wet areas and returning to dry areas in a state of intoxication, the provision as it stands today, does not permit a person to be in a "State of Intoxication" in a public place. 132. Section 4A does not encourages a person to consume liquor and/or intoxicating drug who is not entitled to consume even in a private place as mentioned above. Such consumption is still punishable under the Act. Though, an amendment was made in 1989 by reducing punishment to 3 months, it should be underlined that there is no scope for a person to be in a state of intoxication in a "public place" under the scheme of the Act. 133. Sub Clause (1-A) and Section 17-C (1-B) of the Tamil Nadu Prohibition Act, 1937 which were inserted in the Act, merely allows TASMAC to do "wholesale" and "retail business", does not permit respondents TASMAC a right to confer privilege to a 3 rd parties to render allied business of selling short eats and/ or support service to collect used bottle from premises used as a bar. If the Act does not permit a person to be in a state of intoxiation in public place, TASMAC cannot be seen permitting consumption by consumers o....
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....arried on either directly by the Corporation or through the Co-operative Societies as agents of the Corporation. (4) The Corporation shall furnish the list of authorized retail vending shops located within each district to the Collector indicating the details of such shops run directly by the Corporation and the shops run by the Co-operative Societies as its agents. List of such shops shall be furnished by the Corporation to the Collector concerned within 10 days of the commencement of business". 139. The reality shows that respondenta TASMAC merely leases a small portion of a building premisesfor its retail shops. In the retail shops, its staffs are stationed along with the stock of liquor/ alcohol for sale to the consumers and buyers. This activity falls within the four corners of law under the provisions of the Tamil Nadu Prohibition Act, 1937. 140. The respondents TASMAC has not entered into any separate lease agreements with the owners of premises for the balance area which arebeing used as "Bar" for the consumers to consume the liquor/alcohol purchased from the TASMAC Shops. 141. Instead, the respondents TASMAC has over a period of time encouraged the owners....
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....a "Bar" by itself whether directly or indirectly. 147. Under the scheme of Tamil Nadu Prohibition Act, 1937, the respondents TASMAC cannot be seen to be actively promoting consumption of liquor by consumers to get intoxicated and seen in "public place". 148. In any event, even if the so called "Bar" is not a "pubic place", the such consumers afrer consumption would have to pass through " public place" to return to their home or to their place of stay. In my view, the respondents TASMAC cannot be seen allowing consumption of alcohol and intoxicating liquor its consumer and to be such "public place" whether directly or indirectly without violating law. Therefore, respondents cannot auction such rights which indirectly permits consumption of liquor/alcohol under the scheme of the Tamil Nadu Prohibition Act, 1937 by encouraging consumers to violate Section 4A of the Act. 149. At the same time, the petitioners also cannot arm twist the respondents TASMAC to give them business to them merely because they have a prior lease arrangement with the owners of the bar premises and that they may suffer loss. Even otherwise, the Tender conditions indicate that petitioners cannot complain....
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....es. 154. It is therefore for the petitioners to approach the appropriate authority under the provisions of the aforesaid Act and the Rules made thereunder if there was any violation . Therefore, on this score also, there is no merits in these Writ petitions. 155. Statutorily, the respondents TASMAC have been given powers merely to engage itself in wholesale and retail sale of alcoholic liquor alone. It has not been given power to consumption of liquor in public or the so called Bar. 156. The respondents TASMAC cannot be seen to encourage violation of Section 4-A of the Tamil Nadu Prohibition Act, 1937 even though the intention of introducing Section 4-A was to discourage persons from going to wet areas and return intoxicated in the dry areas when the prohibition was still in force. 157. The consumption of alcohol/ liquor as law stands under the prohibition of the Tamil Nadu Prohibition Act, 1937 and the Rules made thereunder stands is permissible only in private space and/or in the recess of one's home. 158. If respondents TASMAC has to continue to encourage consumption of liquor in the so-called bar, the substantive law under the Tamil Nadu Prohibition Act, 1937 has....
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....n Certificate Qum m from the owner of the Bar சானà¯à®±à¯ (No Objection சமரà¯à®ªà¯ பித௠தப௠பினà¯à®©à®°à¯‡ மதà¯à®•à¯à®•à¯‚ட |Premises |அனà¯à®®à®¤à®¿ வழஙà¯à®•à®ªà¯à®ªà®Ÿà¯à®®à¯. Document 2 Tender Document 2019 Tender Document 2021 சான 12(6) ஒபà¯à®ªà®¨à¯à®¤ பளà¯à®³à®¿ கோரà¯à®µà®¤à®±à¯à®•à¯ 11(6) ஒபà¯à®ªà®¨à¯à®¤à®ªà¯à®ªà®³à¯à®³à®¿ கோரà¯à®µà®¤à®±à¯ இரà¯à®ªà¯à®ªà®¿à®Ÿ சானà¯à®±à¯ ஒபà¯à®ªà®¨à¯à®¤à®¤à®¾à®°à®°à¯à®•à®³à¯ இரà¯à®ªà¯à®ªà®¿à®Ÿ மறà¯à®±à¯à®®à¯ அலà¯à®²à®¤à¯ கà¯à®Ÿà¯à®®à¯à®ª அடà¯à®Ÿà¯ˆ நà®....
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....à¯à®• வேணà¯à®Ÿà¯à®®à¯. (எ) மதà¯à®•à¯ கூட கடà¯à®Ÿà®¿à®Ÿà®¤à¯à®¤à®¿à®©à¯ நிலைத௠தனà¯à®®à¯ˆ கà¯à®±à®¿à®¤à¯ தான சான௠MI (Stability Certificate) Gumm | சமரà¯à®ªà¯ பிகà¯à®• வேணà¯à®Ÿà¯à®®à¯. Document 3(சஙà¯à®• காலம௠) Document 4(ஔவையார௠) Document 5(பறநானூறà¯) Document 6 "சிறிய கள௠பெறினே, எமகà¯à®•à¯ ஈயà¯à®®à¯ மனà¯à®©à¯‡ ! பெரிய கள௠பெறினே, யாம௠பாட, தானà¯à®®à®•à®¿à®´à¯à®¨à¯à®¤à¯ உணà¯à®£à¯à®....