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2005 Supreme(Mad) 525

MARKANDEY KATJU, FAKKIR MOHAMED IBRAHIM KALIFULLA
A. Swaminathan . . . – Appellant
Versus
State of Tamil Nadu represented by its Secretary to Government, Prohibition and Excise Department, Chennai and others – Respondent


Advocates:
V.R. Rajasekaran, for L.Chandrakumar, for Appellant.
P.S.Sivashanmughasundaram, Special Government Pleader, for Respondents.

F.M.Ibrahim Kalifulla, J.: Aggrieved against the order of the learned single Judge, dated 9.4.2003 in W.P.No.37667 of 2002, the appellant has come forward with this appeal.

2. In the writ petition, the appellant prayed for a declaration that the drawal of lots conducted by the respondents on 2.9.2002 for three shops notified for Thammapatti Town Panchayat for grant of privilege to sell liquor during the year 2002-2003 is unilateral, illegal and un-enforceable in law and for a consequential direction to the respondents, to refund the privilege amount and security deposit along with application fee to the appellant.

3. The brief facts which are required to be stated are, that by a notification dated 8.7.2002 in G.O.Ms.No.128, Prohibition and Excise Department, the first respondent herein deleted Rule 14 of the Tamil Nadu Liquor (Retail vending) Rules, 1989 (herinafter referred to as ‘the Rules’), providing for automatic renewal of licence for the subsequent two years on payment of enhanced privilege amount. The existing licensees of the year 2001-2002, challenged the said amendment.

4. In pursuance of deletion of Rule 14, the first respondent invited applications on 10.7.2002 for gra





































































































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