Allowed

Madras Club v. Ther State of Tamilnadu

Madras HC20 Sept 2019WP/17127/2010

Case brief

AI extract

What is this about?

The High Court quashed a Circular by the Commissioner of Prohibition and Excise prohibiting club members from bringing outside liquor for consumption within club premises. The court held that the relevant Rules do not imply such a ban and allowed members to possess specified quantities legally.

What did the court decide?

Circular No.P & E 2(4)/19529/2010 dated 23.03.2010 was quashed. Respondents cannot prohibit members from carrying liquor within permissible quantities.

Madras Club Vs Ther State of Tamilnadu — Service and Employment | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Reserved on : 26.08.2019 & 29.08.2019 Pronounced on : 20.09.2019

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CORAM

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THE HONOURABLE MR. JUSTICE M.S.RAMESH

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W.P.Nos.17127, 12492 & 17405 of 2010
and W.P.Nos.26583, 31328, 31329, 31760, 33506, 34282, 28185 &
28492 to 28494 of 2014 and
W.P.Nos.185, 542, 599, 2387, 10636, 10645, 33145 & 39405 of
2015
and
M.P.Nos.2, 2, 2 of 2010 & batch
1 MADRAS CLUB
REPRESENTED BY ITS HONORARY SECRETARY NO.8
ADYAR CLUB GATE ROAD CHENNAI-28.
... PETITIONER in WP No.17127 of 2010
1 K.MANOHARAN
... PETITIONER in WP No.12492 of 2010
1 MADRAS GYMKHANA CLUB
REPRESENTED BY ITS SECRETARY
MR.P.V.S.VENKATASUBRAMANIAM
THE ISLAND ANNA SALAI
CHENNAI-2. ... PETITIONER in WP No.17405 of 2010
1 D.BALAMURALI
... PETITIONER in WP No.26583 of 2014
1 S.SRISUDHAN
... PETITIONER in WP No.31328 of 2014
1 P.SATHISH
... PETITIONER in WP No.31329 of 2014
1 A.V.K.UMAPATHI ... PETITIONER in WP No.31760 of 2014
1 THE THEYAGARAYA NAGAR SOCIAL
CLUB REP.BY ITS HONORARY SECRETARY
P.S.ASHOK @ SINORA ASHOK
... PETITIONER in WP No.33506 of 2014
1 A.V.K.UMAPATHI
2 D.PARANTHAMAN
... PETITIONERs 1 & 2 in WP No.34282 of 2014

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https://hcservices.ecourts.gov.in/hcservices/

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1 R.R.RAMESH ... PETITIONER in WP No.28185 of 2014
1 SUDHAKAR RAJENDRAN ... PETITIONER in WP No.28492 of 2014
1 G.S.BANGARAJU ... PETITIONER in WP No.28493 of 2014
1 P.SURESHKUMAR ... PETITIONER in WP No.28494 of 2014
1 J.H.KUMAR ... PETITIONER in WP No.185 of 2015
1 THE MYLAPORE CLUB
REP BY ITS SECRETARY NO.39 LUZ CHURCH ROAD
MYLAPORE CHENNAI 600 004
2 N.C.SARABESWARAN
... PETITIONERs 1 & 2 in WP No.542 of 2015
1 T.VENKATESH ... PETITIONER in WP No.599 of 2015
1 P.RAMKUMAR ... PETITIONER in WP No.2387 of 2015
1 THE THEYAGARAYA NAGAR SOCIAL
CLUB REP BY ITS PRESIDENT P.S.ASHOK @
SINORA ASHOK NO.1 NAGESWARA RAO ROAD
PANAGAL PARK T.NAGAR CHENNAI 600 017
... PETITIONER in WP No.10636 of 2015
1 D.RAJA ... PETITIONER in WP No.10645 of 2015
1 THE SALEM CLUB
REP. BY ITS HONORARY SECRETARY BABU
CHINNASAMY NO.1 SARADA COLLEGE MAIN ROAD
HASTHAMPATTI SALEM. ... PETITIONER in WP No.33145 of 2015
1 SUKHI BAHETY ... PETITIONER in WP No.39405 of 2015
Vs.
1 THER STATE OF TAMILNADU
REP. BY ITS SECRETARY TO GOVERNMENT
HOME PROHIBITION AND EXCISE DEPARTMENT
FORT ST. GEORGE
CHENNAI-9.

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https://hcservices.ecourts.gov.in/hcservices/

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2 THE COMMISSIONER OF PROHIBITION AND EXCISE CHEPAUK CHENNAI-5.

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..Respondents 1 & 2 in W.P.No.12492/2010, 26583/2014, 31328/2014, 31329/2014, 34282/2014, 28185/2014, 28492/2014 to 28494/2014, 185/2015, 599/2015, 2387/2015, 10645/2015.

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THE THYAGARAYANAGAR SOCIAL CLUB REP. BY ITS SECRETARY NO.1 NAGESWARAN ROAD T.NAGAR CHENNAI-17.

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...3^rd RESPONDENT in WP No.12492 of 2010 ANDHRA SOCIAL AND CULTURAL ASSOCIATION REP. BY ITS HONORARY SECRETARY NO. 22, VIUJAYARAGHAVA ROAD T.NAGAR CHENNAI-17 ..3^rd RESPONDENT in W.P.No.26583 of 2014 THE SALEM CLUB HASTHAMPATTI SALEM-636007 ..3^rd RESPONDENT in W.P.No.31328 & 31329 of 2014. COSMOPOLITAN CLUB REP BY ITS HONORARY SECRETARY MOUNT ROAD CHENNAI 600 002 ...3^rd RESPONDENT in WP No.31760 of 2014 TOWERS CLUB REP. BY ITS HONORARY SECRETARY NEAR ANNA NAGAR TOWER ANNA NAGAR CHENNAI-40. ...3^rd RESPONDENT in WP No.34282 of 2014 THIAGARAYA NAGAR SOCIAL CLUB REP. BY ITS HONORARY SECRETARY NO.21 ARYA GOWDA STREET WEST MAMBALAM CHENNAI-17 ...3^rd RESPONDENT in WP No.28185 of 2014

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THE GANDHI NAGAR CLUB REP. BY ITS HONORARY SECRETARY NO.73 FOURTH MAIN ROAD GANDHI NAGAR ADYAR CHENNAI-600 020. ... 3^rd RESPONDENT in WP No.28492 of 2014 TOWERS CLUB REP. BY ITS HONORARY SECRETARY W-BLOCK 3RD MAIN ROAD ANNA NAGAR CHENNAI-600 040.

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...3^rd RESPONDENT in WP No.28493 of 2014

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COSMOPOLITAN CLUB REP. BY ITS HONORARY SECRETARY NO.63 ANNA SALAI CHENNAI-600 002. ...3^rd RESPONDENT in WP No.28494 of 2014

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MADRAS BOAT CLUB REP BY ITS HONORARY SECRETARY BOAT CLUB ROAD CHENNAI ...3^rd RESPONDENT in WP No.185 of 2015

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THE SUGUNA VILASA SABHA REP. BY ITS SECRETARY NO.58 ANNA SALAI MOUNT ROAD CHENNAI-2. ...3^rd RESPONDENT in WP No.599 of 2015

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THE GANDHI NAGAR CLUB REP BY ITS HONARARY SECRETARY NO.73 FOURTH MAIN ROAD GANDHI NAGAR ADYAR CHENNAI 20 ...3^rd RESPONDENT in WP No.2387 of 2015

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TAMILNADU CRICKET CLUB REP. BY ITS HONORARY SECRETARY CHEPAUK CHENNAI-5. ...3^rd RESPONDENT in WP No.10645 of 2015

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THE HADDOWS CLUB REP. BY PRESIDENT NO.6 KUSH KUMAR ROAD (NUNGAMBAKKAM HIGH ROAD 3RD LANE) NUNGAMBAKKAM CHENNAI-34 ..3^rd RESPONDENT in WP No.39405 of 2015

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PRAYER in all W.Ps : Writ Petition is filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari, calling for the records of the second respondent in Circular bearing No.P & E 2(4)/19529/2010 dated 23.03.2010 and to quash the same.

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For Petitioners: Mr.M.K.Kabir, Senior Counsel for

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Mr. Anand Sashidharan in W.P.No.17127/2010.

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Mr.K.S. Viswanathan in W.P.No.12492/2010

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Mr. Abidikumar Rajarathinam in W.P.17405/2010

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Mr.N. Elumalai in W.Ps. 26583/2014, 28185/2014, 31328 & 31329/2014, 31760/2014, 185/2015, 10636/2015, 10645/2015, 33145/2015.

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Mr.N. Raja Santhoor Pandian in W.P.39405/2015.

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Mr.V. Srinivasa Babu in W.P.2387/2015, 28492 to 28494/2014.

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Mr.R. Parthasarathy in W.P.542/2015

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Mr.S. Thiruvengadam in W.P.599/2015.

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For Respondents : Mr.A.Kumar , AAG VII

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Assisted by Mr.A. Zakir Hussain

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for Respondents 1 & 2 (in all W.Ps)

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Mr.S. Gunalan, for R3 in W.P.12492/2010.

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Mr.V. Chandrakandan for R3 in W.P.26583/2014

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Mr.A. Tamilvanan for R3 in W.P.31328/2014,

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31329/2014.

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No Appearance for R3 in W.P.34282/2014, 28185/2014, 185/2015, 599/2015, 39405/2015

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Mr.R. Swarnavel for R3 in W.P.28492/2015 to 28494/2014, 2387/2015.

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Mr.C. Seethapathy for R3 in W.P.10645/2015.

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In all these Writ Petitions, either the Registered Clubs in Tamil Nadu or the persons associated with such Clubs have ventilated their grievances on the restrictions placed by the Commissioner of Prohibition and Excise, Chennai in his Circular No.P & E 2(4)/19529/2010 dated 23.03.2010, denying permission to the members of the Clubs or their guests to bring liquor or wine, of any sort, from outside the premises and consume within the Club premises. The Commissioner had placed his justification for imposing such a restriction, on Rule 34 (2) of the Tamil Nadu Liquor (License and Permit) Rules, 1981.

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Heard the respective counsels appeared on behalf of the petitioner in all these Writ Petitions and Mr.A.Kumar, learned Additional Advocate General on behalf of the respondents.

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By the impugned Circular dated 23.03.2010, the Commissioner of Prohibition and Excise, Chennai, had placed reliance on Rule 34 (2) of the said Rules and was of the opinion that Rule 34 (2), by implication does not permit members or guests of a Club to bring liquor or wine of any sort from

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https://hcservices.ecourts.gov.in/hcservices/

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outside the Club premises for inside consumption. At the outset, such an implication seems misplaced, since Rule 34 (2) does not propound or suggest so. For the sake of clarity, Rule 34 (2) of the Tamil Nadu Liquor (License and Permit) Rules, 1981, is extracted hereunder:-

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“Liquor shall be supplied from the club to its members and their guests. The liquor supplied may be either for consumption within the premises of the club or for removal there from provided that, only liquor bottled and sealed shall be allowed to be removed from the premises.”

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A careful perusal of the aforesaid provision does not, even remotely imply to the effect that, consumption of liquor within the Club, brought from outside the Club, is prohibited. The said Rule only contemplates and enables the Club to supply liquor to its members and their guests and that, liquor supplied by the Clubs could either be consumed within the premises of the Club or removed there from in sealed bottles. As such, the assumption of the Commissioner, Prohibition and Excise, Chennai, that there is an implication for restriction of liquor being brought inside the Club for consumption, is misconceived. On this short ground, the Circular dated 23.03.2010 is liable to be quashed.

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The incidental question that may now arise is as to the quantity of the liquor which the members of the Club or their guests may carry inside the Club premises for consumption. The Tamil Nadu liquor (Possession for Personal Consumption) Rules, 1996, places a restriction on the quantity of liquor to be possessed by a person. Rule (2) of the Tamil Nadu Liquor (Possession for Personal Consumption) Rules, 1996 as amended vide G.O.Ms.No.14, Home, Prohibition and Excise (Government VI) dated 09.06.2017, prohibits possession of the following liquors for personal consumption for such quantity, which is extracted hereunder:

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S.No.	Liquor	(1)		Quantity (2)
1	Indian	made	Foreign Spirits	4.5
2	Foreign	Liq	uor	4.5
3	Beer			7.8
4	Wine			9.0

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The above restriction thereby entitles a person to hold possession of the aforesaid four categories of liquors to the quantities mention therein, within the State of Tamil Nadu. In other words, any person can possess 4.5 Litres of IMFS; 4.5 Litres for Foreign liquor; 7.8 Litres of Beer; and 9 Litres of Wine, at a given point of time, within the State.

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The persons referred to the aforesaid Rule will include the members of the Clubs, as well as the guests of the Club members . It is needless to mention here that carrying of the aforesaid four categories of liquors namely, IMFS, Foreign Liquor, Beer and Wine, into the Club premises and within the quantities specified above, can be regulated by the Clubs by imposition of corkage or any other like charges.

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In the light of the above observations, the impugned Circular bearing No.P & E 2(4)/19529/2010 dated 23.03.2010 on the file of the second respondent herein is hereby quashed. Consequently, the respondents herein shall not prohibit the members of the Registered Clubs or its guests from carrying liquor from outside the Club premises for consumption inside the Club premises, so long as such liquors, are within the permissible quantity namely, 4.5 Litres of IMFL; 4.5 Litres of Foreign liquor; 7.8 Litres of Beer; and 9 Litres of Wine. All the Writ Petitions stand allowed in the above terms. Consequently, connected Miscellaneous Petition is closed. No costs. s/dAssistant Registrar(CS-III) True Copy Sub-Assistant Registrar DP To 1.The Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Fort. St. George, Chennai-600 009. 2.The Commissioner of Prohibition and Excise, Chepauk, Chennai-600 005

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+1 CC to The Govt. Pleader sr 81894, 81913, 81916, 81917, 81918, 81920, 81926, 81927, 81955, 81956 & 81957.

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+1 Cc to Mr. Anand Sashidharan, Advocate sr 81012. +1 CC to Mr.V. Suthakar, Advocate sr 81100. +1 CC to Mr. Abdukumar Rajarathinam, Advocate sr 81076. +1 CC to Mr.V. Chandrakandan, Advocate sr 81661. +1 CC to Mr.C. Seethapathy, Advocate sr 81735

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https://hcservices.ecourts.gov.in/hcservices/

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+1 CC to Mr.N.Raja Senthoor Pandian, Advocate sr 81331. +2 Ccs to Mr.N.Elumalai, Advocate sr 81969 & 81970.

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Madras Club v. Ther State of Tamilnadu

Case brief

What is this about?

What did the court decide?

Madras Club v. Ther State of Tamilnadu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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