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1999 Supreme(Mad) 872

A.SUBBULAKSHMY, R.JAYASIMHA BABU
S. Ganesan – Appellant
Versus
Assistant Commissioner Excise, Collectorate, Chennai & another – Respondent


Mr. R. Thiagarajan, Senior Counsel in W.A.No. 888. Mr. A.M. Packianathan, in W.P. No.872, Mr. R. Subramanian, in W.P. No.875, Mr. R. Gandhi, Senior Counsel in W.P. No.884 1998, Mr. V. Ayyathurai, in W.P. No.896 of 1998; Mr. D. Veerasekaran, in W.A. No.916 of 1998, Mr. G. Veerapattiran in W.P.No.916 of 1998 and Mr. A. Shanmugavel, in W.P.No.945 of 1998 Advocates for Appellants. Mr. Patti B. Jagannathan, Special Government Pleader for Respondent No.1 and Mrs. Rita Chandrasekaran for M/s. Aiyar & Dolia for W.A. No.888, Mr.N. Krishnamithra, Advocate for Respondent No.1, in W.P. No.872; Mr.C. Ra-jagopalan in W.P. No.875, Mr. E.R.K. Moorthy in W.P.No.884 of 1998, Mr. S.C. Ramalingam in W.P. No.896 of 1998, Mr. R. Subramaniam in W.P. No.899 of 1998 and Mr. K. Doraiswami, Senior Advocate for
W.P. No.916 and 945 of 1998, Advocates for Respondents.

Judgment :

R. Jayasimha Babu, J.

1. In this batch of writ appeals directed against the common order made by the learned single Judge on 7. 1998 in W.P.Nos.5071, 6809,6963,7158,7571,7454,7470,7483,7728,7724,7629,7963,8118,8142, 8235,8236 and 8409 of 1998, the question raised is regarding the validity and scope of Rule 13(1) of the Tamil Nadu Liquor (Retail Vending) Rules, 1989 (hereinafter referred to as the Rules) in so far as that Rule requires the person, in whose favour the sale of the privilege of vending Indian made Foreign Liquor in retail is confirmed, to produce a certificate in Form No. III from the Excise Officers, or an officer not below the rank of the Deputy Tahsildar duly authorised by the Collector regarding the suitability and also ownership or lease of the building for not less than a year of the shop from where he intends to sell liquor, and the further requirement in that Rule that a xerox copy of the document showing that the auction purchaser himself is the owner of the building or a xerox copy of the lease agreement executed with the landlord of the building wherein the proposed shop is to be located be produced.

2. All the appellants herein are tenants wh

















































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