The Chief Ministers drive against erring officials resulted in a numbericeable reduction in the incidence of illicit liquor.
44, Prohibition and Excise dated 3.3,1993, the Tamil Nadu Liquor Retail Vending in Bar Rules 1992 were rescinded with effect from 1.6.1993.
7, Thyagaraja Road, Madras 17 for the year 1992 93.
the Government received representations form these dealers for the establishment of a bar within or adjoining licence premises.
dated 26lh May, 1992 known as Tamil Nadu Liquor Retail Vending in Bar Rules, 1992.
Ramanathapuram District Liquor Retail Sellers Association has preferred Writ Petition Civil No.
Members of the House will wholeheartedly welcome the decision of the Government to withdraw the licences for bars attached to foreign spirit shops with effect from the excise year companymencing from June, 1993.
The Government forwarded these representations to the Commissioner of Prohibition and Excise and obtained necessary recommendations.
Therefore, by impugned G.O. Ms. No.
Most of them obtained renewal for the subsequent excise year 1991 92.
A massive multi media propaganda offensive against the evils of liquor has also been launched.
1937 Tamil Nadu Act X of 1937 , The Governor of Tamil Nadu hereby rescinds the Tamil Nadu Liquor Retail Vending in Bar Rules, 1992, with effect on and from the 1st June, 1993.
On obtaining licences under retail vending rules, the members of the Appellant association spent companysiderable sums of money for acquiring the adjoining premises to locate the Bar in accordance with the Bar Rules, They were carrying on business in accordance with the rules with the fond hope of making good the investment and also earn a profit during the period to companye.
90, Prohibition, dated 21.4.92, auctions came to be companyducted.
Rule 13 companytained all these clauses.
No.44 Dated 3.3.1993 Read O. Ms, No.
The prescription relating to increased fees was provided under Rule 14 1 and 2 of the 1989 Rules made under the Tamil Nadu Prohibition Act, 1937, An ordinance was passed terminating the validity of licences which enured beyond 31st May, 1992 with the expiry of the said period.
90 dated 21.4,92 was passed enabling auction of liquor retail vending shops.
2 SCR The Judgment of the Court was delivered by MOHAN, J. Leave granted.
This companyrse was adopted in order to facilitate the Government to evolve fresh scheme of upset price for auctioning of the liquor retail vending shops in the State.
7776/93.
Thereafter the Government framed Rules by G.O.Ms.
4.92, by G.O. Ms. 90 the Government ordered the auction of retail vending shops throughout the State.
By this Act Section 23 b of the Tamil Nadu Prohibition Act, 1937 was substituted.
Both the learned Single Judge and the Division Bench of the High Court under the impugned judgment have upheld the validity of G,O. Ms. No.
99, Prohibition Excise, dated 26.5.1992 ORDER The Government have decided to discontinue the grant ing 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 companymencing from the 1st June, 1993.
Those Rules permitted to open a Bar within or adjoining licence premises.
By the impugned judgment dated 13.6.1993, the writ appeal was dismissed holding that the policy of the Government is one step marching towards the total prohibition.
44 dated 3rd March, 1993.
the present civil appeals.
The drinking in the Bars led to law and order problem.
There was also an increase in the revenue from 32 crores to 98 crores.
These Rules came into force on 1st June, 1992.
It appears that the Government received various companyplaints.
The manufacture of IMFS was also permitted.
It was in this view the Bar licence was granted to those persons who held the licence for shops under Tamil Nadu Liquor Retail Vending Rules, 1989.
The licence was valid for a period of one year.
By Order of the Governor Malaisamy, Secretary to Govt.
The case of the appellant is, in order to obtain the privilege of vending M.F.S. in retail for the excise year 1992 93, the members of the first appellant Association increased their offer.
75,000 depend ing upon the area in which the shop was located.
658/93 was preferred.
Under the said Rules, it was provided for a renewal of the licence for two successive years on the licensee offering to pay 15 and 10 respectively more than the privilege amount at which the sale was companyfirmed in his favour during the previous years.
The appellants companyld number base their case on legitimate expectation, number was their any violation of Article 14 of the Constitution.
In accordance with G.O.Ms.
44 dated 3.3.1993.
Even while the prohibition was enforced the sale of IMFS companytinued in licenced shops to permit holders.
They were to sell the liquor only in bottles.
In the year 1989 the Tamil Nadu Liquor Retail Vending Rules, 1989 For short, Retail Vending Rules were framed by which the 1981 Rules were repealed in so far as they related to the retail vending of IMFS and Beer.
Pursuant to this, the impugned G.O.Ms, 44, Prohibition and Excise Department came to be passed on 3rd March, 1993.
On 21.
The Rules stated retail vending of liquor in open bottles, glasses or pegs for companysumption in the Bar, Rule 4 required every person holding a licence granted under Rule 13 of 1989 Rules and who intends to obtain the privilege of retail vending of liquor in the Bar shall make an application in the prescribed form to the Licensing Authority for the grant of privilege and issue of licence for retail vending or liquor in the Bar.
On 16th of July, 1991, the present Government, as a first step towards implementation of total prohibition policy in the State, brought companyplete prohibition in relation to manufacturing and trading of companyntry liquor.
390 crorcs.
90 Prohibition dated 21.4.1992 to the effect that fresh auction may be companyducted for all the liquor retail vending shops whose licence period expires on or before 31.5.1992 as well as those licence period expires on or after 31.5,1992 by restricting the period of licence to 31.5.1992 and refunding the proportionate portion of the privilege amount.
The successful bidders obtained licences for the year 1989 90 and carried on the business.
648 of 1993 under Article 32 of the Constitution of India, challenging G.O. Ms. No.
The Notification also provided that the licence to be issued for the year 1992 93 shall be renewed for the second and third years after companylecting increased privilege fees.
That reads as under Prohibition and Excise vi Department O.Ms.
The members of the association have been granted licences to carry on business in the retail vending of India made foreign spirits hereinafter referred to as I.M.F.S. The second appellant is a licensee of l.M.F.S. Shop No.
Notification In exercise of he powers companyferred by Sections 1.7 C, 17 D, 21 and 54 of the Tamil Nadu Prohibition Act.
Under Rule 14 3 , a provision was made that it was open to the Licensing Authority to refuse the renewal by an order recording the reasons for refusal.
This Government places the highest emphasis on the welfare of the people, revenue companysiderations yielding place to companysideration of maximum social good.
This huge offer was to enable them to have a bar attached and thereby increased the volume of sale of liquor.
336 at No.
1994 SUPPL.
The following Notification will be published in the Tamil Nadu Government Gazette.
In the auction, the successful bidder was granted the licence to carry on the business of vending I.M.F.S. in retail in their respective shops.
The drive against bootlegging and illicit liquor was intensified with the formation of the Prohibition Enfor cement Wing.
18,750 to Rs.
Every liecensee of retail I.M.F.S. shop was entitled to apply for and obtain a Bar licence on payment of a licence fee and the privilege amount ranging from Rs.
In the earlier year the total number of retail vending shops was 3, 049 whereas in the year 1992 93 the number of shops increased to 4, 216.
4981 of 1994 arising out of SLP C No.
Subsequently, Tamil Nadu Act 42 of 1992 came into force with from 12.5,92.
Rule 3 provides for grant of privilege by issue of license to a person holding a liccnce granted under Rule 13 of the 1989 Rules for retail vending of liquor in the Bar.
This increase was due to the companymercial expectation of the bidders and the heavy companypetition among them.
Thereafter G.O.Ms.
This was done because the State took numbere of the serious social evil uprooting the family life of very many poor people in the State.
In May 1981, once again sale of toddy and arrack was permitted.
9854 of 1993 is an Association registered under the Societies Registration Act.
The writ petition was dismissed on the ground that the Court companyld number interfere with the policy decisions taken by the State, Aggrieved by the same, Writ Appeal No.
At that point of time retail vending shops were number allowed to have Bar attached to the licence shops.
On 16th July, 1991 companyplete prohibition of manufacture and trade in companyntry liquor was imposed.
The first appellant in C.A. No.
At that stage.
These Rules were approved on 15.4.89 by G.O. Ms. 506, Home, Prohibition and Excise dated 15th April, 1989.
The successful bidders were issued the licences.
The respondent, the Government of Tamil Nadu framed the Tamil Nadu Liquor Licence and Permit Rules 1981.
the effect of the above C.O. is, on and from 1st June, 1993 the Tamil Nadu Liquor Retail Vending in Bar Rules, 1992 came to be rescinded.
The said G.O. was challenged before the High Court of Madras in W.P.No.
The Government issued orders in G.O. Ms. No.
In the year 1989, the Government of Tamil Nadu decided to grant the privilege of selling by retail of I.M.F.S. and Beer through auction tender system, Accordingly, the Government framed Tamil Nadu Liquor Retail Vending Rules 1989 by G.O. Ms. N, 506 Home Prohibition dated 15.4.1989.
However, before such refusal, the Licensing Authority was obligated to give a reasonable opportunity to the licensee of being heard.
