Advocate Forum For Social v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2015

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE T.S.SIVAGNANAM W.P.No.24886 of 2015 Advocates' Forum for Social Justice, rep. by its President K.Balu, No.156, Thambu Chetty Street, Chennai-600 001.

.. Petitioner -vs1.The Union of India, rep. by its Secretary to the Government, Ministry of Road Transport and Highways, Transport Bhawan, Parliament Street, New Delhi-110 001.

2.The State of Tamil Nadu, rep. by its Secretary to the Government, Home, Prohibition & Excise Department, Secretariat, Fort St. Groege, Chennai-600 009.

3.The Director General of Police, State of Tamil Nadu, Mylapore, Chennai-600 004.

4.TASMAC Limited, rep. by its Managing Director, 4th Floor, CMDA Tower, Gandhi Irwin Bridge, Egmore, Chennai-600 009.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Declaration holding that Rul3 11 of the Tamil Nadu Liquor Retail Vending (in shops/bars) Rules of 2003 as violative of Articles 14, 21 and 47 of the Constitution of India and to modify the rule to state that retail liquor vending outlet shops, bars or similar enterprises must not operate before 5.00 p.m. and after 10 p.m. in the State of Tamil Nadu.

For Petitioner : Mr.N.L.Rajah For Respondents: Mr.Su.Srinivasan Asst. Solicitor General for R1 Mr.STS.Moorthy Government Pleader assisted by Mr.V.R.Kamalanathan, Addl. G.P. & Mr.V.Shanmugha Sundaram Govt. Advocate for R2 to R3 Mr.S.Muthuraj for R4

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) It is agreed that in view of the subsequent W.P.No.26563 of 2015, which is comprehensive except to the extent of challenge to the Rule with which we did not find any merit, the present proceedings are closed and all other aspects would be examined in the subsequent writ petition being W.P.No.26563 of 2015. The File in W.P.No.24886 of 2015, however, be retained with W.P.No.26563 of 2015. No costs. Sd/- Assistant Registrar(CO) dt. 18.09.2015 //True Copy// Sub Assistant Registrar bbr To 1.The Secretary to the Government, Ministry of Road Transport and Highways, Transport Bhawan, Parliament Street, New Delhi-110 001.

2.The Secretary to the Government, Home, Prohibition & Excise Department, Secretariat, Fort St. Groege, Chennai-600 009.

3.The Director General of Police, State of Tamil Nadu, Mylapore, Chennai-600 004.

4.The Managing Director, TASMAC Limited, 4th Floor, CMDA Tower, Gandhi Irwin Bridge, Egmore, Chennai-600 009.

+1cc to Mr.N.L. Rajah, Advocate, S.R.No.47819 +1cc to Mr.Su. Srinivasan, Advocate, S.R.No.47478 +1cc to the Government Pleader, S.R.No.47586 BVE(CO) EU(21/09/2015) W.P.No.24886 of 2015