Writ petition challenging a circular allowing liquor shops to operate from 8.00 A.M. to 11.00 P.M. petitioners sought restriction to 2.00 P.M. to 8.00 P.M. Court dismissed the petition holding time extension a policy decision and circular complied with the Excise Act.
No order passed timing restriction not enforced
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.
W.P.No.8689 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.03.2023
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.8689 of 2023
R.Gopal
.. Petitioner
Vs
Puducherry-605 004.
.. Respondents
Page 1 of 6
W.P.No.8689 of 2023
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling for the records pertaining to the Circular of the third respondent under Ref.No.2521/DCE/IMFL/FL1/2022-2023, dated 21.9.2022 quash the same and consequently directing the respondents 1 to 3 to consider the representation of the petitioner on 10.12.2022 to open all Retails Outlets, Pubs and Bars situated within the Union Territory of Puducherry, including Karaikkal, Mahe and Yenam only between 2.00 pm to 8.00 pm to sell alcoholic breweries and to take appropriate action against the violators in case of violation of the norms.
For the Petitioner : Mr.S.Xavier Felix
For the Respondents : Mr.R.Sreedhar Additional Government Pleader (Puducherry)
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice)
R.Gopal, son of Ramalingam, a resident of No.4, 2nd Cross, Tagoor Nagar, Puducherry, has filed this writ petition challenging the Circular dated 21.9.2022 issued by the third respondent and to direct respondents 1 to 3 to consider the representation of the petitioner dated 10.12.2022 to open all retail outlets, pubs and bars situated within the Union Territory of Puducherry, including Karaikkal, Mahe
Page 2 of 6
W.P.No.8689 of 2023
breweries.
and Yanam, only between 2.00 P.M. and 8.00 P.M. to sell alcoholic breweries.
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W.P.No.8689 of 2023
i.e. from 8.00 A.M. to 11.00 P.M., is a policy decision and the Court cannot interfere with such policy decision of the Government. That apart, on a perusal of the impugned Circular, it is seen that the licensees shall comply with the provisions contained in the Puducherry Excise Act, 1970 and the rules made thereunder, apart from license conditions and other instructions issued by the Excise Department. When such being the conditions stipulated in the impugned Circular, exercising jurisdiction under Article 226 of the Constitution of India, the Court cannot interfere with the same. On this count, the writ petition fails and it is dismissed accordingly.
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W.P.No.8689 of 2023
(T.R., ACJ.) (D.B.C., J.) 21.03.2023 Index : Yes/No Neutral Citation : Yes/No bbr
To:
Page 5 of 6
W.P.No.8689 of 2023
THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
bbr
W.P.No.8689 of 2023
21.03.2023
___________ Page 6 of 6_
3 issues framed by the court
Whether the High Court can interfere with the policy decision of allowing liquor licensees to operate between 8.00 A.M. and 11.00 P.M.
Whether the impugned circular violates the provisions of the Puducherry Excise Act, 1970 and rules thereunder.
Whether the petition seeking direction to restrict liquor sale timings to 2.00 P.M. to 8.00 P.M. should be allowed.
2 provisions across 2 enactments
R.Gopal
The District Collector and Commissioner (Excise)
The Deputy Collector (North)
The Deputy Commissioner (Excise)
The Managing Director, Puducherry Agro Products Food and Civil Supplies Corporation (PAPSCO)
T.Raja
D.Bharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
