Madras HC grants interim stay on TN govt order

Petitioner Alfred Vinod Antony, Secretary of Hotel and Bar Association of Tamil Nadu, submitted that the government order dated October 29, 2012 amending Tamil Nadu Liquor (Licence and Permit) Rules, 1981 was "discriminatory."

The amendment pertained to the number of dry days to those public places with licences to serve liquor.

Antony said even though the Act prescribed 11 types of licence for the sale of liquor used for consumption, Home, Excise and Prohibition Secretary had singled out three licence holders alone and imposed a ban on the sale of liquor.

"...The dry days amendment would not be made applicable to shops owned by Tamil Nadu State Marketing Corporation (TASMAC) Limited (FL1 licencee), which owns a number of shops across the state. Similarly, FL3A licence holder hotels run by Tamil Nadu Tourism Development Corporation (TTDC) were also not subject to dry days amendment even though they are similar to members of the petitioner association," he said.

Justice R Sudhakar said, "According to the petitioner, there is no statutory bar in so far as FL-1 licence shops run by TASMAC and the hotels run by TTDC. This appears to be inconsistent in the policies of uniformity under the Prohibition Law."

Licence in FL-1 is for the grant of privilege of retail sale of Indian Made Foreign spirits or sale of foreign liquor, carried on by TASMAC, which is the sole selling agent in Tamil Nadu.