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2023 Supreme(Mad) 3042

SANJAY V. GANGAPURWALA, P. D. AUDIKESAVALU
Managing Director, Tamil Nadu State Marketing Corporation Limited, Egmore, Chennai – Appellant
Versus
P. Sangeetharaj – Respondent


For the Appellants :R. Shunmugasundaram, Advocate General Assisted by K. Sathish Kumar, Standing Counsel, V. Giri, Senior Counsel Assisted by Indira, A.G. Shakeena, Advocates. For the Respondents:A.R.L. Sundaresan, R. Singaravelan, Senior Counsel Assisted by A.R. Karthik Lakshmanan, L. Palanimuthu, Manimaran, Ambika, K.M. Vijayan, Senior Counsel for M/s. K.M. Vijayan Associates, S. Chandrasekar, S. Sarathchandran, B. Harish, D. Babu Varadharajan, A. Rajaguru, Chitra Sampath, Senior Counsel for M/s. T.S. Baskaran, Adhith Narayan Vijayaraghavan, S. Doraisamy, K. Venkatesan, Anirudh Krishnan, Advocates.

JUDGMENT

(Prayer: Appeal under Clause 15 of the Letters Patent, 1865 to set aside the order passed by this Court in W.P. No. 21391 of 2022 etc., batch dated 30.09.2022, thereby allowing the Writ Appeal.)

Common Judgment:

P.D. Audikesavalu, J.

1. These intra-Court appeals invoking Clause 15 of the Letters Patent, 1865, arise out of the common order dated 30.09.2022 in W.P. No. 21391 of 2022 etc., batch passed by the Writ Court.

2. The parties are hereinafter referred as per their description in the said Writ Petitions for the sake of clarity and convenience.

3. In the State of Tamil Nadu, monopoly in retail vending of liquor has been conferred on the Tamil Nadu State Marketing Corporation Limited (hereinafter referred to as 'TASMAC' for short). Rules 3 and 4 of the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003 (hereinafter referred to as 'the Rules' for short) made in exercise of powers conferred under Sections 17-C, 17-D, 21, 22-D and 54 of the Tamil Nadu Prohibition Act, 1937, pertain to the grant of licence for retail vending of liquor in shops and bars for the whole of the State of Tamil Nadu. Rule 2(r) of the Rules defines 'shop' as the building in which the liquor

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