This common order dismisses numerous writ petitions filed by applicants seeking confirmation of bar licences pending in TASMAC shops. The court relied on a previous order restraining the issuance of licences to juvenate the petitions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.(MD) Nos.1214 to 1254 and 1337 of 2022
and
| W.M.P.(MD) Nos.1082, 1072 | , 1104, 1099 | , 1086, 1074, 1089, 1077, 1091, |
|---|---|---|
| 1081, 1079, 1093, 1088, 1114, 1108, 1097, 1100, 1084, 1109, 1078, 1110, 1 |
1098, 1073, 1094, 1103, 106, 1113, 1 of 2022 |
1105, 1092, 1120, 1101, 1090, 1102, 1087, 1085, 1112, 1107, 083, 1096, 1080, 1095 and 1179 |
| Ramkumar G ... |
Petitioner | in WP(MD).No. 1214/ 2022 |
| G.Balakrishnan ... |
Petitioner | in WP(MD).No. 1215/ 2022 |
| Princess Jebakumar K ... |
Petitioner | in WP(MD).No. 1216/ 2022 |
| Saravanakumar K ... |
Petitioner | in WP(MD).No. 1217/ 2022 |
| Arumugam K ... |
Petitioner | in WP(MD).No. 1218/ 2022 |
| T.Paul Kingston Sekar ... |
Petitioner | in WP(MD).No. 1219/ 2022 |
| Kaniraja M. ... |
Petitioner | in WP(MD).No. 1220/ 2022 |
| K.Anburaj ... |
Petitioner | in WP(MD).No. 1221/ 2022 |
| Karthikeyan K ... |
Petitioner | in WP(MD).No. 1222/ 2022 |
| K.Nirmalraj ... |
Petitioner | in WP(MD).No. 1223/ 2022 |
| Kaniraja M ... |
Petitioner | in WP(MD).No. 1224/ 2022 |
| Mathan N ... |
Petitioner | in WP(MD).No. 1225/ 2022 |
| K.Princess Jebakumar ... |
Petitioner | in WP(MD).No. 1226/ 2022 |
| Bharathiraja P ... |
Petitioner | in WP(MD).No. 1227/ 2022 |
| Balaji K ... |
Petitioner | in WP(MD).No. 1228/ 2022 |
| S.Kovilraj ... |
Petitioner | in WP(MD).No. 1229/ 2022 |
| Saravanakumar.K ... |
Petitioner | in WP(MD).No. 1230/ 2022 |
| S Dharmaraj ... |
Petitioner | in WP(MD).No. 1231/ 2022 |
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| M.Shanmugaraj ... Petitioner |
in WP(MD).No. 1232/ 2022 |
|---|---|
| Subburaj.G ... Petitioner |
in WP(MD).No. 1233/ 2022 |
| Veeramani. A ... Petitioner |
in WP(MD).No. 1234/ 2022 |
| Ganesan. V ... Petitioner |
in WP(MD).No. 1235/ 2022 |
| E.Penmeyan ... Petitioner |
in WP(MD).No. 1236/ 2022 |
| Subburaj. M ... Petitioner |
in WP(MD).No. 1237/ 2022 |
| Panchuraj.T ... Petitioner |
in WP(MD).No. 1238/ 2022 |
| Samyraj. S.M ... Petitioner |
in WP(MD).No. 1239/ 2022 |
| Raja.S ... Petitioner |
in WP(MD).No. 1240/ 2022 |
| Mathan .N ... Petitioner |
in WP(MD).No. 1241/ 2022 |
| S.Chandran ... Petitioner |
in WP(MD).No. 1242/ 2022 |
| Ravichandran.S.A ... Petitioner |
in WP(MD).No. 1243/ 2022 |
| Vignesh.S ... Petitioner |
in WP(MD).No. 1244/ 2022 |
| Ramkumar. S ... Petitioner |
in WP(MD).No. 1245/ 2022 |
| Bharathiraja.P ... Petitioner |
in WP(MD).No. 1246/ 2022 |
| S.P.Murugan ... Petitioner |
in WP(MD).No. 1247/ 2022 |
| Shanmugasundra Mohan.N ... Petitioner | in WP(MD).No. 1248/ 2022 |
| C Sundara Raj ... Petitioner |
in WP(MD).No. 1249/ 2022 |
| Kaniraja.M ... Petitioner |
in WP(MD).No. 1250/ 2022 |
| Kaniraja .M ... Petitioner |
in WP(MD).No. 1251/ 2022 |
| Muthukumar.M ... Petitioner |
in WP(MD).No. 1252/ 2022 |
| G.Shanmugaraja ... Petitioner |
in WP(MD).No. 1253/ 2022 |
| High Court Durai. ... Petitioner |
in WP(MD).No. 1254/ 2022 |
| Chinnadurai.P ... Petitioner |
in WP(MD).No. 1337/ 2022 |
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3. The Senior Regional Manager,
Tamil Nadu State Marketing Corporation, (TASMAC), Madurai.
4. The District Manager,
Tamil Nadu State Marketing Corporation, (TASMAC), Thoothukudi District. ... Respondents in all Cases
Common Prayer
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a WRIT OF MANDAMUS directing the respondents to grant tender confirmation intimation for collecting the empty bottles and selling the eatables in the Bar attached with the TASMAC Shop Nos.9921 situated at Kovilpatti,9973 situated at Thoothukudi Shop No.9956 situated at Thoothukudi, Shop No.9949 situated at Thoothukudi, Shop No.10147 situated at Thoothukudi, Shop No.10114 situated at Thoothukudi, Shop No.9947 situated at Thoothukudi, Shop No.9978 situated at Thoothukudi, Shop No.9998 situated at Thoothukudi, Shop No.9940 situated at Thoothukudi, Shop No.9957 situated at Thoothukudi, Shop No.9944 situated at Thoothukudi, Shop No.9969 situated at Thoothukudi, Shop No.10084 situated at Thoothukudi, Shop No.9951 situated at Thoothukudi, Shop No.9959 situated at Thoothukudi, 9970 situated at Thoothukudi Shop No.10107 situated at Thoothukudi, Shop No.10024 situated at Thoothukudi, Shop No.9937 situated at Ettayapuram, Shop No.9966 situated at Thoothukudi, Shop No.10097 situated at Thoothukudi, Shop No.9939 situated at Thoothukudi, Shop No.9901 situated at Thoothukudi, Shop No.9962 situated at Thoothukudi, Shop No.9906 situated at Thoothukudi, Shop No.9929 situated at Thoothukudi, Shop No.9984 situated at Thoothukudi ,Shop No.9968 situated at Thoothukudi, Shop No.9945 situated at Thoothukudi, Shop No.10108 situated at Thoothukudi, Shop No.10000 situated at Thoothukudi, Shop No.9972 situated at Thoothukudi, Shop No.10112 situated at Thoothukudi, Shop No.9923 situated at Kadambur, Shop No.9963 situated at Thoothukudi, Shop No.9954 situated at Thoothukudi, Shop No.9948 situated at Thoothukudi, Shop No.10148 situated at Ilupai Urani Panchayat , Shop No.9922 situated at Kovilpatti at Thoothukudi , Shop No.10035 situated at Thoothukudi and 10093 situated at Thoothukudi within the jurisdiction of 4th respondent as prescribed in the clause 3,4 of the 2nd respondents circular dated 22.07.2014 and decide the case of the petitioner as per the 2nd respondents circular dated 22.07.2014 and pass such further or other orders deem fit and proper in the circumstances of
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the case and thus render justice.
For Petitioner : Mr.K.K.Ramakrishnan (all cases) For R1 : Mr.K.Jayaselan(all cases) Government Advocate For R2 to R4 : Mr.Veerakathiravan Additional Advocate General assisted by Mr.B.Jameel Arasu Standing Counsel (all cases)
COMMON ORDER
Mr.Veerakathiravan, learned Additional Advocate General assisted by Mr.B.Jameel Arasu, learned Standing counsel appearing for the respondents 2 to 4 submits that the petitioners have not been issued with licence so far.
2.Elaborate argument was advanced by the learned counsel for the petitioners. It is submitted that the petitioners were the highest bidders, but the official respondents have not issued Bar licence to the petitioners, pursuant to the tender floated by the respondent TASMAC. There is however no merits in these writ petitions.
3.A batch of writ petitions in W.P.Nos.27352 of 2021 and etc batch., have been dismissed by this Court vide order dated 31.01.2022, wherein several writ petitions filed by several persons, challenging the notification dated 14.12.2021. In the aforesaid order, the respondent TASMAC was restrained from giving licence to any person and was also directed to take steps to close down the Bars, wherever licences have been issued to a section of the bidders.
4.Considering the above stand taken by the learned Additional Advocate General and in the light of the order passed in the batch of writ petitions in W.P.Nos.27352 of 2021 and etc batch., dated 31.01.2022, dismissing the challenge to the notification dated 14.12.2021, I am inclined to dismiss these writ petitions. Accordingly, it stands dismissed. No costs. Consequently, all the connected miscellaneous petitions are closed.
// True Copy //
mm
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TO
The Secretary to the Government, Prohibition and Exercise Department, Secretariat, Chennai 600 009.
+42 CC to M/s.K.K.RAMAKRISHNAN, Advocate (5166,5167,5168,5169,5170,5171,5172,5173,5174,5176,5177,5178,5179,51 80,5181,5182,5183,5184,5185,5187,5188,5189,5190,5191,5192,5193,5194, 5195,5196,5197,5198,5199,5200,5201,5202,5203,5204,5205,5206,5207,520 8,5209 dated 09/02/2022 )
W.P.(MD) Nos.1214 to 1254 and 1337 of 2022
09.02.2022
SRK(CO) KB(24.02.2022) 5P 45C
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1 issue framed by the court
Whether to grant a writ of mandamUS directing respondents to grant bar licence confirmations to the petitioners who were highest bidders despite earlier restrictions in a related batch of writ petitio
Colour shows how this judgement treated each authority
W.P.Nos.27352 of 2021Referred¶29
Multiple Petitioners including Ramkumar G, G.Balakrishnan, Princess Jebakumar K
Secretary to the Government, Prohibition and Exercise Department
The Managing Director, Tamil Nadu State Marketing Corporation (TASMAC)
The Senior Regional Manager, Tamil Nadu State Marketing Corporation, Madurai
The District Manager, Tamil Nadu State Marketing Corporation (TASMAC), Thoothukudi District
C. Saravanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
