S.Sakthivel v. Tamil Nadu State Marketing

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.06.2016 Coram The Hon'ble Mr.Justice T.S.Sivagnanam Writ Petition Nos.37383 to 37392, 37411 to 37419, 37495 to 37499, 37570, 37599, 37600, 37628 to 37632, 37709, 37731 to 37734, 37911 to 37917, 38010 to 38017, 38020 to 38023, 38033 to 38038, 38044, 38087 to 38092, 38122 to 38125, 38131 to 38136, 38256, 38273 to 38280, 38348, 38351, 38423, 38448 to 38453, 38544 and 38548, 38607 to 38611, 38620 to 38622, 39114 and 39866 to 39869 of 2015 and its respective M.Ps.

1 S.SAKTHIVEL ... PETITIONER in WP No.37383 of 2015 Shop No.4162 1 S.BALAJI SHOP NO.4510 ... PETITIONER in WP No.37384 of 2015 1 K.TAMILARASAN Shop No.4482 ... PETITIONER in WP No.37385 of 2015 1 C.SINGARAVELU Shop No.4301 ... PETITIONER in WP No.37386 of 2015 1 A.L.NOWSHATH ALI Shop No.4301 ... PETITIONER in WP No.37387 of 2015 1 M.DEEPAN ... PETITIONER in WP No.37388 of 2015 SHOP NO.4334 1 B.CHANDRABOSS ... PETITIONER in WP No.37389 of 2015 SHOP NO.4141 A.M.MALARVENDHAN SHOP NO.4070 ... PETITIONER in WP No.37390 of 2015 M.JEEVANANDAM SHOP NO.4121 ... PETITIONER in WP No.37391 of 2015 R.JAYAKUMAR SHOP NO.4171 ... PETITIONER in WP No.37392 of 2015

1 M.SUDARSAN ... PETITIONER in WP No.37411 of 2015 SHOP NO.4100 1 K.RAJI ... PETITIONER in WP No.37412 of 2015 SHOP NO.4133 1 K.RAJI ... PETITIONER in WP No.37413 of 2015 SHOP NO.4123 1 M.MURUGANANTHAM... PETITIONER in WP No.37414 of 2015 SHOP NO.4119 1 M.PASUPATHI ... PETITIONER in WP No.37415 of 2015 SHOP NO.4346 1 G.KARTHIKEYAN ... PETITIONER in WP No.37416 of 2015 SHOP NO.4057 1 S.SAKTHIVEL ... PETITIONER in WP No.37417 of 2015 SHOP NO.4439 1 M.SAMMANTHAN ... PETITIONER in WP No.37418 of 2015 SHOP NO.4016 1 S.SENTHIL ... PETITIONER in WP No.37419 of 2015 SHOP NO.4048 1 N.MURUGAN ... PETITIONER in WP No.37495 of 2015 SHOP NO.4017 1 R.RAMESH ... PETITIONER in WP No.37496 of 2015 TASMAC SHOP NO. 4336 1 K.TAMIZHALAGAN ... PETITIONER in WP No.37497 of 2015 TASMAC SHOP NO. 4498 1 S.RENGASAMY ... PETITIONER in WP No.37498 of 2015 TASMAC SHOP NO. 4497 1 S.PARTHIBAN ... PETITIONER in WP No.37499 of 2015 TASMAC SHOP NO. 4154 1 S.SURESH ... PETITIONER in WP No.37570 of 2015 SHOP NO.4447 1 R.DAYALAN S/O.RAJAGOPAL ... PETITIONER in WP No.37599 of 2015

1 K.RAJENDRAN S/O.KARUPPIAH ... PETITIONER in WP No.37600 of 2015 1 M.KANAGARAJ ... PETITIONER in WP No.37628 of 2015 S/O. MUTHU TASMAC SHOP NO.4110 1 D.JAGADESHWARAN S/O. R.DURAIRAJ TASMAC SHOP NO.4325 ... PETITIONER in WP No.37629 of 2015 1 P.JAGAN ... PETITIONER in WP No.37630 of 2015 S/O. R.PARASURAMAN TASMAC SHOP NO.4125 1 D.JAGADESHWARAN ... PETITIONER in WP No.37631 of 2015 S/O. R.DURAIRAJ TASMAC SHOP NO.4079 1 R.SUBRAMANI ... PETITIONER in WP No.37632 of 2015 S/O. RANGAN TASMAC SHOP NO.4323 1 D.VIJAYAKUMAR ... PETITIONER in WP No.37709 of 2015 1 E.SARAVANAN ... PETITIONER in WP No.37731 of 2015 TASMAC SHOP NO. 4362 1 D.VIJAYAKUMAR ... PETITIONER in WP No.37732 of 2015 TASMAC SHOP NO. 4040 1 D.MARIKRISHNAN ... PETITIONER in WP No.37733 of 2015 TASMAC SHOP NO. 4027 1 G.SANGAR ... PETITIONER in WP No.37734 of 2015 TASMAC SHOP NO.

4042 1 A.DHANRAJ (SHOP NO.306)... PETITIONER in WP No.37911 of 2015 1 C.THANGAPPAN (SHOP NO.343) ... PETITIONER in WP No.37912 of 2015 1 K.S.BALASUBRAMANIAN (SHOP NO.247) ... PETITIONER in WP No.37913 of 2015 1 G.PRABHAKAR (SHOP NO.380) ... PETITIONER in WP No.37914 of 2015 1 M.J.JAISAN (SHOP NO.329) ... PETITIONER in WP No.37915 of 2015 S/O.

1 J.YOGESWARAN (SHOP NO.423) ... PETITIONER in WP No.37916 of 2015 1 M.J.JAISAN (SHOP NO.311) ... PETITIONER in WP No.37917 of 2015 1 P.UDHAYAKUMAR TASMAC SHOP NO.4083 ... PETITIONER in WP No.38010 of 2015 1 P.UDHAYAKUMAR TASMAC SHOP NO.4176 ... PETITIONER in WP No.38011 of 2015 1 S.SATHYAMOORTHY TASMAC SHOP NO.4066 ... PETITIONER in WP No.38012 of 2015 1 S.BALAMURUGAN TASMAC SHOP NO.4092 ... PETITIONER in WP No.38013 of 2015 1 P.UDHAYAKUMAR TASMAC SHOP NO.4335 ... PETITIONER in WP No.38014 of 2015 1 T.JAYAPRAKASH TASMAC SHOP NO.4461 ... PETITIONER in WP No.38015 of 2015 1 T.PANNEERSELVAM TASMAC SHOP NO.4460 ... PETITIONER in WP No.38016 of 2015 1 P.SIVAKUMAR ... PETITIONER in WP No.38017 of 2015 1 S.RAMESH ... PETITIONER in WP No.38020 of 2015 SHOP NO.4173 1 S.KRISHNAMOORTHY ... PETITIONER in WP No.38021 of 2015 SHOP NO.4073 1 R.D.

VEERASAMY ... PETITIONER in WP No.38022 of 2015 SHOP NO.4452 1 S.SENTHILKUMAR ... PETITIONER in WP No.38023 of 2015 SHOP NO.4178 1 R.MANIVANNAN ... PETITIONER in WP No.38033 of 2015 TASMAC SHOP NO.4463 1 R.BALRAJ ... PETITIONER in WP No.38034 of 2015 TASMAC SHOP NO.4457 1 S.BALAMURUGAN ... PETITIONER in WP No.38035 of 2015 TASMAC SHOP NO.

1 S.BALAMURUGAN ... PETITIONER in WP No.38036 of 2015 TASMAC SHOP NO.4359 1 K.JANARTHANAN ... PETITIONER in WP No.38037 of 2015 TASMAC SHOP NO.4144 1 S.SARAVANAN ... PETITIONER in WP No.38038 of 2015 TASMAC SHOP NO.4122 1 S.BALAMURUGAN ... PETITIONER in WP No.38044 of 2015 SHOP NO.902 1 S.SASIKUMAR ... PETITIONER in WP No.38087 of 2015 S/O.SEETHARAMAN 1 J.SELVARAJ ... PETITIONER in WP No.38088 of 2015 1 G.MUTHURAJ ... PETITIONER in WP No.38089 of 2015 1 L.MURALI ... PETITIONER in WP No.38090 of 2015 1 A.JEEVAGAN ... PETITIONER in WP No.38091 of 2015 1 R.BABU ... PETITIONER in WP No.38092 of 2015 1 R.ANBUSELVAN ... PETITIONER in WP No.38122 of 2015 S/O.V.M.RAJU SHOP NO.76 1 P.S.K.KARUNAKARAN ... PETITIONER in WP No.38123 of 2015 S/O.P.S.KANAKARAJ SHOP NO.54 1 P.S.K.KARUNAKARAN ... PETITIONER in WP No.38124 of 2015 S/O.P.S.

KANAKARAJ SHOP NO.54 1 R.RAMAIYAH ... PETITIONER in WP No.38125 of 2015 S/O.S.RAJENDRAN SHOP NO.110 1 M.KANNAN ... PETITIONER in WP No.38131 of 2015 TASMAC SHOP NO. 4312 1 M.KANNAN ... PETITIONER in WP No.38132 of 2015 TASMAC SHOP NO. 4328 1 C.MURUGAN ... PETITIONER in WP No.38133 of 2015 TASMAC SHOP NO. 4030 1 G.RAMKUMAR ... PETITIONER in WP No.38134 of 2015 TASMAC SHOP NO.

1 M.NAGARAJAN ... PETITIONER in WP No.38135 of 2015 TASMAC SHOP NO. 4021 1 A.RAMESH S/O.ASAITHAMBI... PETITIONER in WP No.38136 of 2015 1 R.SURESHKUMAR ... PETITIONER in WP No.38256 of 2015 SHOP NO.4338 1 M.KANNAN ... PETITIONER in WP No.38273 of 2015 TASMAC SHOP NO. 4166 1 M.AYYASAMY ... PETITIONER in WP No.38274 of 2015 TASMAC SHOP NO. 4161 1 N.SELVAM ... PETITIONER in WP No.38275 of 2015 TASMAC SHOP NO. 4159 1 S.KUMAR ... PETITIONER in WP No.38276 of 2015 TASMAC SHOP NO. 4508 1 S.RENGASAMY ... PETITIONER in WP No.38277 of 2015 TASMAC SHOP NO. 4156 1 P.NAGANATHAM ... PETITIONER in WP No.38278 of 2015 TASMAC SHOP NO. 4035 1 P.RAMANATHAN ... PETITIONER in WP No.38279 of 2015 TASMAC SHOP NO. 4537 1 A.VEERAMANI ... PETITIONER in WP No.38280 of 2015 TASMAC SHOP NO. 4118 1 K.KATHIRESAN S/O.KARUPPIAYA ... PETITIONER in WP No.38348 of 2015 1 K.

KARTHIKEYAN ... PETITIONER in WP No.38351 of 2015 1 A.RAVICHANDRAN (SHOP NO.129) ... PETITIONER in WP No.38423 of 2015 1 M.MALAI SELVAM ... PETITIONER in WP No.38448 of 2015 S/O.MAYAKRISHNAN TASMAC SHOP NO.4113 1 T.SATHISH ... PETITIONER in WP No.38449 of 2015 S/O.THAMILARASU TASMAC SHOP NO.4372 1 H.RIYASH AHAMED ... PETITIONER in WP No.38450 of 2015 S/O.SIMILI TASMAC SHOP NO.

1 D.DHANASEKAR ... PETITIONER in WP No.38451 of 2015 S/O.R.DESABANDHU TASMAC SHOP NO. 4307 1 V.SUNDAR ... PETITIONER in WP No.38452 of 2015 S/O.VENKATESAN TASMAC SHOP NO. 4059 1 R.SASIDHARAN ... PETITIONER in WP No.38453 of 2015 S/O.RAJAMANI TASMAC SHOP NO.4390 1 A.RAVICHANDRAN (SHOP NO. 139) ... PETITIONER in WP No.38544 of 2015 1 M.SIVASHANKARAN (SHOP NO.2) ... PETITIONER in WP No.38548 of 2015 1 B.RAJASEKARAN ... PETITIONER in WP No.38607 of 2015 S/O.BOSE TASMAC SHOP NO.4446 1 T.R.MOHAN ... PETITIONER in WP No.38608 of 2015 S/O.RATHINA THEVAR TASMAC SHOP NO.4306 1 S.CHELLAKALAI ... PETITIONER in WP No.38609 of 2015 S/O.SUBBAIAH TASMAC SHOP NO.4553 1 R.MURUGESAN ... PETITIONER in WP No.38610 of 2015 S/O.RAMU TASMAC SHOP NO.4077 1 S.PRABU ... PETITIONER in WP No.38611 of 2015 S/O.SONAI THEVAN TASMAC SHOP NO.4146 1 K.R.PANDIAN ...

PETITIONER in WP No.38620 of 2015 1 S.SAKTHI ... PETITIONER in WP No.38621 of 2015 1 K.SENTHILKUMAR ... PETITIONER in WP No.38622 of 2015 1 V.MARUTHAMUTHU ... PETITIONER in WP No.39114 of 2015 S/O.VAIDHYALINGAM SHOP NO.4097 1 S.V.SUBBAIYA S/O.VAIRAVAN ... PETITIONER in WP No.39866 of 2015 N.SARAVANAN ... PETITIONER in WP No.39867 of 2015 N.SARAVANAN ... PETITIONER in WP No.39868 of 2015 1 T.M. BASKARAN ... PETITIONER in WP No.39869 of 2015 Vs.

1 TAMIL NADU STATE MARKETING CORPORATION LIMITED (TASMAC) REP. BY THE MANAGING DIRECTOR THALAMUTHU NATARAJAN MAALIGAI GANDHI - IRWIN ROAD EGMORE CHENNAI-600 008 2 THE TAMIL NADU STATE MARKETING CORPORATION LIMITED (TASMAC) REP. BY THE SENIOR REGIONAL MANAGER L.L.A.BUILDINGS ANNA SALAI CHENNAI-600 002 3 THE TAMIL NADU STATE MARKETING CORPORATION LIMITED (TASMAC) REP. BY THE DISTRICT MANAGER KANCHEEPURAM (NORTH) INDUSTRIAL ESTATE THIRUMAZHISAI KANCHEEPURAM DISTRICT-600 123 ... RESPONDENT in WP No.37383 to 37392 of 2015,37411 to 37419,37495 to 37499,37570, 37628 to 37632,38010 to 38016, 38020 to 38023,38033 to 38038,38256,38273 to 38280, 38448 to 38450 and 38607 to 38611 of 2015 THE TAMILNADU STATE MARKETING CORPORATION LIMITED (TASMAC) REP. BY THE DISTRICT MANAGER KANCHEEPURAM (SOUTH) 14-18, SIPCOT INDUSTRIAL ESTATE, ORIKKAI, KANCHEEPURAM - 631 502 ...3rd RESPONDENT in WP Nos.37416 to 37419 of 2015.

1 THE MANAGING DIRECTOR TASMAC LIMITED GANDHI IRWIN ROAD EGMORE CHENNAI-600 008 2 THE SENIOR REGIONAL MANAGER TASMAC LIMITED GANDHI IRWIN ROAD EGMORE CHENNAI-600 008 3 THE DISTRICT MANAGER TASMAC LIMITED CHENNAI (SOUTH) DISTRICT B-4 AMBATTUR INDUSTRIAL ESTATE AMBATTUR CHENNAI-600 058 ... RESPONDENTs in WP No.37599,37600 and 37709, of 2015

1 THE TAMIL NADU STATE MARKETING CORPORATION LIMITED (TASMAC) REP BY ITS MANAGING DIRECTOR THALAMUTHU NATARAJAN MAALIGAI GANDHI IRWIN ROAD EGMORE CHENNAI 8 2 THE SENIOR REGIONAL MANAGER THE TAMIL NADU STATE MARKETING CORPORATION LIMITED (TASMAC) L.L.A. BUILDINGS ANNA SALAI CHENNAI 2 3 THE DISTRICT MANAGER THE TAMIL NADU STATE MARKETING CORPN. LTD (TASMAC) KANCHEEPURAM (SOUTH) NO.14-18 SIDCO INDL. ESTATE ORIKKAI KANCHEEPURAM & DISTRICT 600 123 ... RESPONDENTs in WP No.37731 to 37734, 38131 to 38135 and 38451 to 38453 of 1 THE MANAGING DIRECTOR TAMIL NADU STATE MARKETING CORPORATION (TASMAC) CMDA TOWERS 4TH FLOOR EGMORE CHENNAI 8 2 THE DISTRICT MANAGER TAMIL NADU STATE MARKETING CORPORATION (TASMAC) CHENNAI CENTRAL DISTRICT B-4 AMBATTUR INDUSTRIAL ESTATE AMBATTUR CHENNAI 58 ... RESPONDENT in WP No.37911 to 37917 of 2015, 38423,38544 of 2015.

1 THE MANAGING DIRECTOR TAMIL NADU STATE MARKETING CORPORATION LIMITED 4TH FLOOR SINGARAVELAR MALIGAI RAJAJI ROAD CHENNAI-600 001 2 THE GENERAL MANAGER RETAIL VENDING TAMIL NADU STATE MARKETING CORPORATION LIMITED 4TH FLOOR SINGARAVELAR MALIGAI RAJAJI ROAD CHENNAI-600 001 3 THE SENIOR REGIONAL MANAGER CHENNAI REGION L.A.BUILDINGS ANNA SALAI CHENNAI-600 002

4 THE DISTRICT MANAGER TAMIL NADU STATE MARKETING CORPORATION LIMITED (TASMAC) OFFICE OF THE DISTRICT MANAGER ORIKAI KANCHEEPURAM KANCHEEPURAM DISTRICT 5 BALAJI S/o.R.SRIDHARAN .. RESPONDENT IN WP 38014 OF 2015 1 TAMIL NADU STATE MARKETING CORPORATION LIMITED (TASMAC) REP. BY THE MANAGING DIRECTOR THALAMUTHU NATARAJAN MAALIGAI GANDHI-IRWIN ROAD EGMORE CHENNAI- 8.

2 THE TAMIL NADU STATE MARKETING CORPORATION LIMITED (TASMAC) REP. BY THE SENIOR REGIONAL MANAGER L.L.A. BUILDINGS ANNA SALAI CHENNAI-2.

3 THE TAMIL NADU STATE MARKETING CORPORATION LIMITED (TASMAC) REP. BY THE DISTRICT MANAGER CHENNAI (SOUTH) AMBATTUR INDUSTRIAL ESTATE CHENNAI-58.

... RESPONDENTs in WP No.38044, 38348 and 38351, of 2015 1 THE MANAGING DIRECTOR TASMAC LTD GANDHI IRWIN ROAD EGMORE CHENNAI - 600 008 2 THE SENIOR REGIONAL MANAGER TASMAC LTD GANDHI IRWIN ROAD EGMORE CHENNAI - 600 008 3 THE DISTRICT MANAGER TASMAC LTD CHENNAI (CENTRAL) DISTRICT B-4 AMBATTUR INDUSTRIAL ESTATE AMBATTUR CHENNAI - 600 058 ... RESPONDENT in WP No.38087 of 2015 1 THE MANAGING DIRECTOR TASMAC LTD GANDHI IRWIN ROAD EGMORE CHENNAI - 600 008 2 THE SENIOR REGIONAL MANAGER TASMAC LTD GANDHI IRWIN ROAD EGMORE CHENNAI - 600 008

3 THE DISTRICT MANAGER TASMAC LTD CHENNAI NORTH DISTRICT B-4 AMBATTUR INDUSTRIAL ESTATE AMBATTUR CHENNAI - 600 058 ... RESPONDENTs in WP No.38088 to 38092 of 2015 & 39909 of 2015 1 THE MANAGING DIRECTOR TASMAC THALAMUTHU NATARAJAN MAALIGAI EGMORE CHENNAI-8.

2 THE DISTRICT MANAGER (NORTH CHENNAI) TASMAC B-4 AMBATTUR INDUSTRIAL ESTATE AMBATTUR CHENNAI-53.

... RESPONDENT in WP No.38122 to 38125 of 2015 1 TAMIL NADU STATE MARKETING CORPN LTD (TASMAC) REP BY ITS MANAGING DIRECTOR THALAMUTHU NATARAJAN BUILDING GANDHI IRVIN ROAD EGMORE CHENNAI - 600 008 2 THE SENIOR REGIONAL MANAGER TAMIL NADU STATE MARKETING CORPN.

LTD (TASMAC) NO.735 LLA BUILDINGS 4TH FLOOR ANNA SALAI CHENNAI - 600 002 3 THE DISTRICT MANAGER (TASMAC-CENTRAL) CHENNAI CENTRAL B-4 AMBATHUR INDUSTRIAL ESTATE AMBATHUR CHENNAI-58 ..RESPONDENTS IN WP 38136 of 2015 1 THE MANAGING DIRECTOR TAMIL NADU STATE MARKETING CORPORATION (TASMAC) CMDA TOWERS 4TH FLOOR EGMORE CHENNAI-600 008 2 THE DISTRICT MANAGER TAMIL NADU STATE MARKETING CORPORATION (TASMAC) CHENNAI NORTH DISTRICT B-4 AMBATTUR INDUSTRIAL ESTATE AMBATTUR CHENNAI-600 058 ..RESPONDENTS in WP No.38548 of 2015

1 TAMIL NADU STATE MARKETING CORPN. LTD. (TASMAC) REP BY ITS MANAGING DIRECTOR THALAMUTHU NATARAJAN BUILDING GANDHI IRVIN ROAD EGMORE CHENNAI-600 008 2 THE SENIOR REGIONAL MANAGER TAMIL NADU STATE MARKETING CORPN. LTD.

(TASMAC) NO.735 LLA BUILDING 4TH FLOOR ANNA SALAI CHENNAI-600 002 3 THE DISTRICT MANAGER (TASMAC- SOUTH) CHENNAI SOUTH B-4 AMBATHUR INDUSTRIAL ESTATE AMBATHUR CHENNAI-58 ... RESPONDENTs in WP No.38620 & 38622 of 2015 1 TAMIL NADU STATE MARKETING CORPN. LTD. (TASMAC) REP BY ITS MANAGING DIRECTOR THALAMUTHU NATARAJAN BUILDING GANDHI IRVIN ROAD EGMORE CHENNAI-600 008 2 THE SENIOR REGIONAL MANAGER TAMIL NADU STATE MARKETING CORPN. LTD.

(TASMAC) NO.735 LLA BUILDING 4TH FLOOR ANNA SALAI CHENNAI-600 002 3 THE DISTRICT MANAGER (TASMAC- NORTH) KANCHEEPURAM (NORTH) KANCHEEPURAM DISTRICT KANCHEEPURAM ...RESPONDENT in WP No.38621 of 2015 1 TAMIL NADU STATE MARKETING CORPORATION LTD (TASMAC) REP. BY ITS MANAGING DIRECTOR THALAMUTHU NATARAJAN MAALIGAI GANDHI IRWIN ROAD EGMORE CHENNAI- 600 008.

2 TAMIL NADU STATE MARKETING CORPORATION LTD (TASMAC) REP. BY THE SENIOR GENERAL MANAGER L.L.A BUILDINGS ANNA SALAI CHENNAI-600 002.

3 TAMIL NADU STATE MARKETING CORPN LTD (TASMAC) REP. BY THE DISTRICT MANAGER KANCHEEPURAM NORTH THIRUMAZHISAI UNIT III 1 NATIONAL HIGH RD SEMBARAMBAKKAM THIRUVALLUR DT-103

4 THE INSPECTOR OF POLICE LIQUOR PROHIBITION EXERCISE WING (KALAL) ALANDUR ST. THOMAS MOUNT CHENNAI-600 016.

..

RESPONDENTS in WP 39114 of 2015 1 TAMIL NADU STATE MARKETING CORPN. LTD (TASMAC) REP BY ITS MANAGING DIRECTOR THALAMUTHU NATARAJAN BUILDING GANDHI IRVIN ROAD EGMORE CHENNAI - 600 008 2 THE SENIOR REGIONAL MANAGER TAMIL NADU STATE MARKETING CORPN LTD (TASMAC) NO.735 LLA BUILDING 4TH FLOOR ANNA SALAI CHENNAI - 600 002 3 THE DISTRICT MANAGER (TASMAC-CENTRAL) CHENNAI (CENTRAL) B-4 AMBATHUR INDUSTRIAL ESTATE AMBATHUR CHENNAI- 58 ... RESPONDENTs in WP No.39866 of 2015 1 TAMIL NADU STATE MARKETING CORPN. LTD (TASMAC) REP BY ITS MANAGING DIRECTOR THALAMUTHU NATARAJAN BUILDING GANDHI IRVIN ROAD EGMORE CHENNAI - 600 008 2 THE SENIOR REGIONAL MANAGER TAMIL NADU STATE MARKETING CORPN LTD (TASMAC) NO.735 LLA BUILDING 4TH FLOOR ANNA SALAI CHENNAI - 600 002 3 THE DISTRICT MANAGER (TASMAC-SOUTH) CHENNAI SOUTH B-4 AMBATHUR INDUSTRIAL ESTATE AMBATHUR CHENNAI-58 .. RESPONDENTS in WP Nos.39867 of 2015, 39868 of 2015 and WP 39869 of 2015.

These writ petitions are filed under Article 226 of this constitution of India to issue a writ of certiorarified mandamus: WP No.37383 of 2015 Calling for the records relating to the Bar Upset Price fixed in the Column No. 10 of the Tender Form of the petitioner Shop No. 4162 issued by the 3rd respondent and quash the same and consequently direct the respondents to fix the Bar Upset Price for the petitioner Shop No. 4162 at Rs. 1,35,700/-

WP No.37384 of 2015 Calling for the records relating to the Bar Upset Price fixed in the Column No. 10 of the Tender Form of the petitioner Shop No. 4510 issued by the 3rd respondent and quash the same and consequently direct the respondents to fix the Bar Upset Price for the petitioner Shop No. 4510 at Rs. 1,92,856/- WP No.37385 of 2015 Calling for the records relating to the Bar Upset Price fixed in the Column No. 10 of the Tender Form of the petitioner Shop No. 4482 issued by the 3rd respondent and quash the same and consequently direct the respondents to fix the Bar Upset Price for the petitioner Shop No. 4482 at Rs. 1,52,311/- WP No.37386 of 2015 Calling for the records relating to the Upset Price fixed in the Column No. 10 of the Tender Form of the petitioner Shop No.

4301 issued by the 3rd respondent and quash the same and consequently direct the respondents to fix the Bar Upset Price for the petitioner Shop No. 4301 at Rs. 96,216/- WP No.37387 of 2015 Calling for the records relating to the Upset Price fixed in the Column No. 10 of the Tender Form of the petitioner Shop No. 4151 issued by the 3rd respondent and quash the same and consequently direct the respondents to fix the Bar Upset Price for the petitioner Shop No. 4151 at Rs. 1,93,985/- WP No.37388 of 2015 Calling for the records relating to the Bar Upset Price fixed in the Column No. 10 of the Tender Form of the petitioner Shop No. 4334 issued by the 3rd respondent dated nil and quash the same and consequently direct the respondents to fix the Bar Upset Price for the petitioner Shop No. 4334 at Rs. 2,11,433/- WP No.

37389 of 2015 Calling for the records relating to the Bar Upset Price fixed in the Column No. 10 of the Tender Form of the petitioner Shop No. 4141 issued by the 3rd respondent dated Nil and quash the same and consequently direct the respondents to fix the Bar Upset Price for the petitioner Shop No. 4141 at Rs. 2,67,197/- WP No.37390 of 2015 Calling for the records relating to the Bar Upset Price fixed in the Column No. 10 of the Tender Form of the petitioner Shop No. 4070 issued by the 3rd respondent dated Nil and quash the same and consequently direct the respondents to fix the Bar Upset Price for the petitioner Shop No. 4040 at Rs.

WP No.37391 of 2015 Calling for the records relating to the Bar Upset Price fixed in the Column No. 10 of the Tender Form of the petitioner Shop No. 4121 issued by the 3rd respondent and quash the same and consequently direct the respondents to fix the Bar Upset Price for the petitioner Shop No. 4121 at Rs. 99,110/- WP No.37392 of 2015:

Calling for the records relating to the Bar Upset Price fixed in the Column No. 10 of the Tender Form of the petitioner Shop No. 4171 issued by the 3rd respondent and quash the same and consequently direct the respondents to fix the Bar Upset Price for the petitioner Shop No. 4171 at Rs. 1,85,332/- WP No.37411 of 2015 Calling for the records relating to the Bar Upset Price fixed in the Column No.10 of the Tender Form of the Petitioner Shop No.4100 issued by the 3rd Respondent and quash the same and consequently direct the Respondents to fix the Bar Upset Price for the Petitioner Shop No.4100 at Rs.1,25,594/- WP No.37412 of 2015 Calling for the records relating to the Bar Upset Price fixed in the Column No.10 of the Tender Form of the Petitioner Shop No.

4133 issued by the 3rd Respondent and quash the same and consequently direct the Respondents to fix the Bar Upset Price for the Petitioner Shop No.4133 at Rs.1,73,466/- WP No.37413 of 2015 Calling for the records relating to the Bar Upset Price fixed in the Column No.10 of the Tender Form of the Petitioner Shop No.4123 issued by the 3rd Respondent and quash the same and consequently direct the Respondents to fix the Bar Upset Price for the Petitioner Shop No.4123 at Rs.2,73,003/- WP No.37414 of 2015 Calling for the records relating to the Bar Upset Price fixed in the Column No.10 of the Tender Form of the Petitioner Shop No.4119 issued by the 3rd Respondent and quash the same and consequently direct the Respondents to fix the Bar Upset Price for the Petitioner Shop No.4119 at Rs.2,89,604/- WP No.

37415 of 2015 Calling for the records relating to the Bar Upset Price fixed in the Column No.10 of the Tender Form of the Petitioner Shop No.

consequently direct the Respondents to fix the Bar Upset Price for the Petitioner Shop No.4346 at Rs.1,96,176/- WP No.37416 of 2015 Calling for the records relating to the Tender Notification of the 3rd respondent dated 31.10.2015 in Na.Ka. No.1771/R6/2015 published in DINAMANI Tamil Daily in its Edition dated 3.11.2015 and the Bar Upset Price Va.No.040 dated NIL fixed in the Column No.10 of the Tender Form of the petitioner Shop No.4057, issued by the 3rd respondent and quash the same dated NIL and consequently direct the respondents to fix the Bar Upset Price for the petitioner Shop No.4057 at Rs.1,68,830/- WP No.37417 of 2015 Calling for the records relating to the Tender Notification of the 3rd respondent dated 31.10.2015 in Na.Ka. No.1771/ R6/2015 published in DINAMANI Tamil Daily in its Edition dated 3.11.

2015 and the Bar Upset Price Va.No.040 dated NIL fixed in the Column No.10 of the Tender Form of the petitioner Shop No.4439, issued by the 3rd respondent and quash the same dated NIL and consequently direct the respondents to fix the Bar Upset Price for the petitioner Shop No.4439 at Rs.38,362/- WP No.37418 of 2015 Calling for the records relating to the Tender Notification of the 3rd respondent dated 31.10.2015 in Na.Ka. No.1771/R6/2015 published in DINAMANI Tamil Daily in its Edition dated 3.11.2015 and the Bar Upset Price Va.No.040 dated NIL fixed in the Column No.10 of the Tender Form of the petitioner Shop No.4016, issued by the 3rd respondent dated NIL and quash the same and consequently direct the respondents to fix the Bar Upset Price for the petitioner Shop No.4016 at Rs.4,86,005/- WP No.

37419 of 2015 Calling for the records relating to the Tender Notification of the 3rd respondent dated 31.10.2015 in Na.Ka. No.1771/R6/2015 published in DINAMANI Tamil Daily in its Edition dated 3.11.2015 and the Bar Upset Price Va.No.040 dated NIL fixed in the Column No.10 of the Tender Form of the petitioner Shop No.4048, issued by the 3rd respondent and quash the same dated NIL and consequently direct the respondents to fix the Bar Upset Price for the petitioner Shop No.4048 at Rs.1,43,820/- WP No.37495 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd respondent, as published in the Tamil Daily viz., Dinamani dt 3.11.

fixation of upset price in respect of Shop No.4017 and quash the same in so far as it relates to the petitioners Shop No.4017 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4017 WP No.37496 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd respondent, as published in the Tamil Daily viz., Dinamani dt 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4336 and quash the same in so far as it relates to the petitioner''s Shop No.

4336 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4336 WP No.37497 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd respondent, as published in the Tamil Daily viz., Dinamani dt 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4498 and quash the same in so far as it relates to the petitioners Shop No.4498 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.

5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4498 WP No.37498 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd respondent, as published in the Tamil Daily viz., Dinamani dt 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4497 and quash the same in so far as it relates to the petitioners Shop No.4497 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.

5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.

WP No.37499 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd respondent, as published in the Tamil Daily viz., Dinamani dt 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4154 and quash the same in so far as it relates to the petitions Shop No.4154 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4154 WP No.

37570 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd respondent, as published in the Tamil Daily viz., Dinamani dt 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4447 and quash the same in so far as it relates to the petitions Shop No.4447 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4447 WP No.

37599 of 2015 Writ Petition filed under Article 226 of the constitution of India praying for the issue of a writ of declaration to declare the minimum upset price as fixed in the Tender Form V.No.111 for shop No.667 at No.9/10, Velachery Main Road, Chinnamalai, Saidapet, Chennai-600 015 as null and void, suffering statutory backing of fixing the minimum upset price in strict adherence with reference to Clause-2 of the license fee of the Tender Terms and Conditions as per the order made in W.P.Nos. 26445/2015 etc. Batch dated 27.10.2015 WP No.37600 of 2015 Writ Petition filed under Article 226 of the constitution of India seeking to issue a writ of declaration to declare the minimum upset price as fixed in the Tender Form V.No.142 for shop No.707 at No.

Tender Terms and Conditions as per the order made in W.P.Nos. 26445/2015 etc. Batch dated 27.10.2015 WP No.37628 of 2015 Writ Petition filed under Article 226 of the constitution of India praying the issue of a writ of certiorarified mandamus Calling for the records in respect of the Tender Notification issued by the 3rd Respondent, as published in the Tamil Daily viz., Dinamani dated 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4110 and quash the same in so far as it relates to the Petitioner Shop No.4110 is concerned and direct the Respondents to fix the upset price based on the previous year sale i.e. 2014-15 (2.

5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4110 WP No.37629 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd Respondent, as published in the Tamil Daily viz., Dinamani dated 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4325 and quash the same in so far as it relates to the Petitioner Shop No.4325 is concerned and direct the Respondents to fix the upset price based on the previous year sale i.e. 2014-15 (2.

5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4325 WP No.37630 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd Respondent, as published in the Tamil Daily viz., Dinamani dated 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4125 and quash the same in so far as it relates to the Petitioner Shop No.4125 is concerned and direct the Respondents to fix the upset price based on the previous year sale i.e. 2014-15 (2.

5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.

WP No.37631 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd Respondent, as published in the Tamil Daily viz., Dinamani dated 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4079 and quash the same in so far as it relates to the Petitioner Shop No.4079 is concerned and direct the Respondents to fix the upset price based on the previous year sale i.e. 2014-15 (2.5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4079 WP No.

37632 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd Respondent, as published in the Tamil Daily viz., Dinamani dated 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4323 and quash the same in so far as it relates to the Petitioner Shop No.4323 is concerned and direct the Respondents to fix the upset price based on the previous year sale i.e. 2014-15 (2.5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4323 WP No.

37709 of 2015 Writ Petition filed under Article 226 of the constitution of India praying for the issue of a writ of declaration to declare the minimum upset price as fixed in the Tender Form V.No.263 for shop No.715 at No.12, Kattabomman Street, Tharamani, Chennai 113, as null and void, suffering statutory backing of fixing the minimum upset price in strict adherence with reference to Clause-2 of the license fee of the Tender Terms and Conditions as per the order made in W.P.Nos. 26445/2015 etc. Batch dated 27.10.2015 WP No.37731 of 2015 Writ Petition filed under Article 226 of the constitution of India praying for the issue of a writ of certiorarified mandamus Calling for the records in respect of the Tender Notification issued in Na. Ka. No.1771/R6/2015, dt 31.10.2015 by the 3rd respondent, and published in Tamil Daily viz.

, Dinamani dt 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (South) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.

far as it relates to the petitioners Shop No.4362 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of shop No.4362. WP No.37732 of 2015 Calling for the records in respect of the Tender Notification issued in Na. Ka. No.1771/R6/2015, dt 31.10.2015 by the 3rd respondent, and published in Tamil Daily viz., Dinamani dt 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (South) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4040 and quash the same in so far as it relates to the petitioners Shop No.

4040 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of shop No.4040 WP No.37733 of 2015 Calling for the records in respect of the Tender Notification issued in Na. Ka. No.1771/R6/2015, dt 31.10.2015 by the 3rd respondent, and published in Tamil Daily viz., Dinamani dt 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (South) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4027 and quash the same in so far as it relates to the petitioners Shop No.

4027 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of shop No.4027. WP No.37734 of 2015 Calling for the records in respect of the Tender Notification issued in Na. Ka. No.1771/R6/2015, dt 31.10.2015 by the 3rd respondent, and published in Tamil Daily viz., Dinamani dt 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (South) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4042 and quash the same in so far as it relates to the petitioners Shop No.

4042 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4042.

WP No.37911 of 2015 Calling for the records of the 2nd respondent in relation with the fixation of upset price for the bar license fees in Serial No.10 of the Tender Form for the period 2015-2016 in respect of Shop bearing No.306 at Door No.6, Annai Sathya Nagar, MGR Street, Kolathur, Chennai 99, quash the same on the ground of it being arbitrary, irrational, illegal and violative of Article 21 of the Constitution of India, violation of Rule 20 of the Tamil Nadu Transparency in Tender Rules, 2000 and consequently direct the respondents herein to fix the upset price for the license attached to the said shop at the rate of 2.5% of the average monthly sales during the previous year plus 10% or the monthly average of the bid amount of the previous year (2014-2015), whichever is higher and grant the licence for shop No.

306 and permit the petitioner to run the said shop by passing the existing amount of Rs.67,887/- till the fixation of upset price. WP No.37912 of 2015 Calling for the records of the 2nd respondent in relation with the fixation of upset price for the bar license fees in Serial No.10 of the Tender Form for the period 2015-2016 in respect of Shop bearing No.343 at Door No.1, Parakka Road, Nammalavar Pettai, Otteri, Chennai 12, quash the same on the ground of it being arbitrary, irrational, illegal and violative of Article 21 of the Constitution of India, violation of Rule 20 of the Tamil Nadu Transparency in Tender Rules, 2000 and consequently direct the respondents herein to fix the upset price for the license attached to the said shop at the rate of 2.

5% of the average monthly sales during the previous year plus 10% or the monthly average of the bid amount of the previous year (2014-2015), whichever is higher and grant the licence for shop No.343 and permit the petitioner to run the said shop by passing the existing amount of Rs.1,34,000/- till the fixation of upset price.

WP No.37913 of 2015 Calling for the records of the 2nd respondent in relation with the fixation of upset price for the bar license fees in Serial No.10 of the Tender Form for the period 2015-2016 in respect of Shop bearing No.247 at Door No.61/141, Pulianthope High Road, Chennai 12 quash the same on the ground of it being arbitrary, irrational, illegal and violative of Article 21 of the Constitution of India, violation of Rule 20 of the Tamil Nadu Transparency in Tender Rules, 2000 and consequently direct the respondents herein to fix the upset price for the license attached to the said shop at the rate of 2.5% of the average monthly sales during the previous year plus 10% or the monthly average of the bid amount of the of the previous year (20142015), whichever is higher and grant the licence for shop No.247

and permit the petitioner to run the said shop by passing the existing amount of Rs.2,11,100/- till the fixation of upset price.

WP No.37914 of 2015 Calling for the records of the 2nd respondent in relation with the fixation of upset price for the bar license fees in Serial No.10 of the Tender Form for the period 2015-2016 in respect of Shop bearing No.380 at Door No.2/1, Bricks Road, Otteri, Chennai-600 012, quash the same on the ground of it being arbitrary, irrational, illegal and violative of Article 21 of the Constitution of India, violation of Rule 20 of the Tamil Nadu Transparency in Tender Rules, 2000 and consequently direct the respondents herein to fix the upset price for the license attached to the said shop at the rate of 2.5% of the average monthly sales during the previous year plus 10% or the monthly average of the bid amount of the previous of the previous year (2014-2015), whichever is higher and grant the licence for shop No.380 and permit the petitioner to run the said shop by passing the existing amount of Rs.1,15,150/- till the refixation of upset price.

WP No.37915 of 2015 Calling for the records of the 2nd respondent in relation with the fixation of upset price for the bar license fees in Serial No.10 of the Tender Form for the period 2015-2016 in respect of Shop bearing No.329 at Door No.57/16, Sivananda Nagar, 100 Feet Road, Kolathur, Chennai-600 099. quash the same on the ground of it being arbitrary, irrational, illegal and violative of Article 21 of the Constitution of India, violation of Rule 20 of the Tamil Nadu Transparency in Tender Rules, 2000 and consequently direct the respondents herein to fix the upset price for the license attached to the said shop at the rate of 2.5% of the average monthly sales during the previous year plus 10% or the monthly average of the bid amount of the previous year (2014-2015), whichever is higher and grant the licence for shop No.329 and permit the petitioner to run the said shop by passing the existing amount of Rs.1,13,650/- till the refixation of upset price.

WP No.37916 of 2015 Calling for the records of the 2nd respondent in relation with the fixation of upset price for the bar license fees in Serial No.10 of the Tender Form for the period 2015-2016 in respect of Shop bearing No.423 at Door No.14, Flowers Road, Kilpauk, Chennai 84 quash the same on the ground of it being arbitrary, irrational, illegal and violative of Article 21 of the Constitution of India, violation of Rule 20 of the Tamil Nadu Transparency in Tender Rules, 2000 and consequently direct the

respondents herein to fix the upset price for the license attached to the said shop at the rate of 2.5% of the average monthly sales during the previous year plus 10% or the monthly average of the bid amount of the of the previous year (20142015), whichever is higher and grant the licence for shop No.423 and permit the petitioner to run the said shop by passing the existing amount of Rs.1,01,550/- till the refixation of upset price.

WP No.37917 of 2015 Calling for the records of the 2nd respondent in relation with the fixation of upset price for the bar license fees in Serial No.10 of the Tender Form for the period 2015-2016 in respect of Shop bearing No.311 at Door No.104, Ambedkar Nagar, 100 Feet Road, Kolathur, Chennai 99 quash the same on the ground of it being arbitrary, irrational, illegal and violative of Article 21 of the Constitution of India, violation of Rule 20 of the Tamil Nadu Transparency in Tender Rules, 2000 and consequently direct the respondents herein to fix the upset price for the license attached to the said shop at the rate of 2.5% of the average monthly sales during the previous year plus 10% or the monthly average of the bid amount of the previous year (2014-2015), whichever is highe4 and grant the licence for shop No.

311 and permit the petitioner to run the said shop by passing the existing amount of Rs.54,050/- till the fixation of upset price. WP No.38010 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd respondent, as published in the Tamil Daily viz., Dinamani dt 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4083 and quash the same in so far as it relates to the petitioners Shop No.4083 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.

4083 WP No.38011 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd respondent, as published in the Tamil Daily viz., Dinamani dt 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4176 and quash the same in so far as it relates to the petitioners Shop No.

based on the previous year sale i.e., 2014-15 (2.5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4176 WP No.38012 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd respondent, as published in the Tamil Daily viz., Dinamani dt 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4066 and quash the same in so far as it relates to the petitioners Shop No.4066 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.

5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4066 WP No.38013 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd respondent, as published in the Tamil Daily viz., Dinamani dt 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4092 and quash the same in so far as it relates to the petitioners Shop No.4092 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.

5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4092 WP No.38014 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd respondent, as published in the Tamil Daily viz., Dinamani dt 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4335 and quash the same in so far as it relates to the petitioners Shop No.4335 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.

5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.

WP No.38015 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd respondent, as published in the Tamil Daily viz., Dinamani dt 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4461 and quash the same in so far as it relates to the petitioners Shop No.4461 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4461 WP No.

38016 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd respondent, as published in the Tamil Daily viz., Dinamani dt 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4460 and quash the same in so far as it relates to the petitioners Shop No.4460 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4460 WP No.

38017 of 2015 Petition filed under Article 226 of the Constitution of India praying for the issue of a writ of mandamus forbearing the respondents 1 to 4 from extending the license to run the Bar at the TASMAC Shop No. 4013 now functioning at Door No. 103, GST Road, Chengalpet, Kancheepuram District to anyone other than petitioner WP No.38020 of 2015 Petition filed under Article 226 of the Constitution of India praying for the issue of a writ of certiorarified mandamus Calling for the records relating to the Bar Upset Price fixed in the Column NO. 10 of the Tender Form of the petitioner Shop No. 4173 issued by the 3rd Respondent and quash the same and consequently direct the Respondents to fix the Bar Upset Price for the petitioner Shop No. 4173 at Rs.1,64,620/- WP No.

38021 of 2015 Calling for the records relating to the Bar Upset Price fixed in the Column NO. 10 of the Tender Form of the petitioner Shop No.

consequently direct the Respondents to fix the Bar Upset Price for the petitioner Shop No. 4073 at Rs.69,580/- WP No.38022 of 2015 Calling for the records relating to the Bar Upset Price fixed in the Column NO. 10 of the Tender Form of the petitioner Shop No. 4452 issued by the 3rd Respondent and quash the same and consequently direct the Respondents to fix the Bar Upset Price for the petitioner Shop No. 4452 at Rs.2,00,100/- WP No.38023 of 2015 Calling for the records relating to the Bar Upset Price fixed in the Column NO. 10 of the Tender Form of the petitioner Shop No. 4178 issued by the 3rd Respondent and quash the same and consequently direct the Respondents to fix the Bar Upset Price for the petitioner Shop No. 4178 at Rs.2,40,020/- WP No.

38033 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd respondent, as published in the Tamil Daily viz., Dinamani dt 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4463 and quash the same in so far as it relates to the petitioners Shop No.4463 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4463 WP No.

38034 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd respondent, as published in the Tamil Daily viz., Dinamani dt 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4457 and quash the same in so far as it relates to the petitioners Shop No.4457 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4457 WP No.

38035 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd respondent, as published in the Tamil Daily viz., Dinamani dt 3.11.

License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4114 and quash the same in so far as it relates to the petitioners Shop No.4114 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4114 WP No.38036 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd respondent, as published in the Tamil Daily viz., Dinamani dt 3.11.

2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4359 and quash the same in so far as it relates to the petitioners Shop No.4359 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4359 WP No.38037 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd respondent, as published in the Tamil Daily viz., Dinamani dt 3.11.

2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4144 and quash the same in so far as it relates to the petitioners Shop No.4144 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4144 WP No.38038 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd respondent, as published in the Tamil Daily viz., Dinamani dt 3.11.

2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4122 and quash the same in so far as it relates to the petitioners Shop No.4122 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.

consequently proceed with the issuance of Bar License in respect of Shop No.4122 WP No.38044 of 2015 Calling for the records relating to the Bar Upset Price fixed in the Column No.10 of the Tender Form of the Petitioner Shop No.902 issued by the 3rd Respondent and quash the same and consequently direct the Respondents to fix the Bar Upset Price for the Petitioner Shop No.902 at Rs.3,07,344/- WP No.38087 of 2015 Writ petition filed under Article 226 of the Constitution of India praying for the issue of a writ of declaration to declare the minimum upset price as fixed in the Tender form Va No.126 for Shop No.334 at No.

7, Poombukar First Main Road, Kolathur, Chennai - 600 099 as null and void, suffering statutory backing of fixing the minimum upset price in strict adherence with reference to clause-2 of the license fee of the Tender Terms and allow the petitioner at previous upset price WP No.38088 of 2015 to declare the minimum upset price as fixed in the Tender form Va No.278 for Shop No.471 at No.14, Choolaimedu High Road, Chennai - 600 094 as null and void, suffering statutory backing of fixing the minimum upset price in strict adherence with reference to clause-2 of the license fee of the Tender Terms and allow the petitioner at previous upset price WP No.38089 of 2015 to declare the minimum upset price as fixed in the Tender form Va No.275 for Shop No.623 at No.99/40, Kodambakkam High Road, T.

Nagar, Chennai - 600 017as null and void, suffering statutory backing of fixing the minimum upset price in strict adherence with reference to clause-2 of the license fee of the Tender Terms and allow the petitioner at previous upset price WP No.38090 of 2015 to declare the minimum upset price as fixed in the Tender form Va No.277 for Shop No.986 at No.45, Alandur Road, Saidapet, Chennai - 600 015 as null and void, suffering statutory backing of fixing the minimum upset price in strict adherence with reference to clause-2 of the license fee of the Tender Terms and allow the petitioner at previous upset price WP No.38091 of 2015 to declare the minimum upset price as fixed in the Tender form Va No.319 for Shop No.448 at No.

with reference to clause-2 of the license fee of the Tender Terms and allow the petitioner at previous upset price WP No.38092 of 2015 Writ Petition filed under Article 226 of the Constitution of India praying for the issue of a writ of mandamus directing the respondents in particular 3rd respondent to conduct re-tender at the existing Bar Upset Price in respect of the Petitioners Bar Attached TASMAC No.168 at No.111, Evening Bazaar Road, Chennai - 600 003 based on his representation dated 24.11.2015 WP No.38122 of 2015 Writ Petition filed under Article 226 of the Constitution of India praying for the issue of a writ of certiorarified mandamus to call for the entire records relating to the impugned Tender Form issued by the 2nd respondent dated 20.11.

2015 and quash the same and consequently directing the respondents to fix the Upset Price by taking into consideration of Tender Condition No.2 as well as this Honourable Court Order made in W.P. Nos.26445 of 2015 to 26447 of 2015 etc., dated 27.10.2015 and issue Tender Form to the petitioner WP No.38123 of 2015 To call for the entire records relating to the impugned Tender Form issued by the 2nd respondent dated 20.11.2015 and quash the same and consequently directing the respondents to fix the Upset Price by taking into consideration of Tender Condition No.2 as well as this Honourable Court Order made in W.P. Nos.26445 of 2015 to 26447 of 2015 etc., dated 27.10.2015 and issue Tender Form to the petitioner WP No.38124 of 2015 To call for the entire records relating to the impugned Tender Form issued by the 2nd respondent dated 20.11.

2015 and quash the same and consequently directing the respondents to fix the Upset Price by taking into consideration of Tender Condition No.2 as well as this Honourable Court Order made in W.P. Nos.26445 of 2015 to 26447 of 2015 etc., dated 27.10.2015 and issue Tender Form to the petitioner WP No.38125 of 2015 To call for the entire records relating to the impugned Tender Form issued by the 2nd respondent dated 20.11.2015 and quash the same and consequently directing the respondents to fix the Upset Price by taking into consideration of Tender Condition No.2 as well as this Honourable Court Order made in W.P. Nos.26445 of 2015 to 26447 of 2015 etc., dated 27.10.

WP No.38131 of 2015 Calling for the records in respect of the Tender Notification issued in Na. Ka. No.1771/R6/2015, dt 31.10.2015 by the 3rd respondent, and published in Tamil Daily viz., Dinamani on 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (South) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4312 and quash the same in so far as it relates to the petitioners Shop No.4312 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4312. WP No.

38132 of 2015 Calling for the records in respect of the Tender Notification issued in Na. Ka. No.1771/R6/2015, dt 31.10.2015 by the 3rd respondent, and published in Tamil Daily viz., Dinamani on 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (South) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4328 and quash the same in so far as it relates to the petitioners Shop No.4328 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4328. WP No.38133 of 2015 Calling for the records in respect of the Tender Notification issued in Na.

Ka. No.1771/R6/2015, dt 31.10.2015 by the 3rd respondent, and published in Tamil Daily viz., Dinamani on 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (South) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4030 and quash the same in so far as it relates to the petitioners Shop No.4030 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4030. WP No.38134 of 2015 Calling for the records in respect of the Tender Notification issued in Na. Ka. No.1771/R6/2015, dt 31.10.2015 by the 3rd respondent, and published in Tamil Daily viz.

, Dinamani on 3.11.

upset price in respect of Shop No.4310 and quash the same in so far as it relates to the petitioners Shop No.4310 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4310. WP No.38135 of 2015 Calling for the records in respect of the Tender Notification issued in Na. Ka. No.1771/R6/2015, dt 31.10.2015 by the 3rd respondent, and published in Tamil Daily viz., Dinamani on 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (South) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.

4021 and quash the same in so far as it relates to the petitioners Shop No.4021 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4021. WP No.38136 of 2015 Writ petition filed under article 226 of the Constitution of India praying for the issue of a writ of declaration to declare the minimum upset price as fixed in the Tender Form V.No.019 for Shop No.403, No.26, Srinivasa Nagar Koyambedu, Chennai - 107 as null and void, suffering statutory backing of fixing the minimum upset price in strict adherence with reference to clause-2 of the license fee of the Tender Terms and Conditions as per the order made in W.P.Nos.26445/2015 etc.

Batch dated 27.10.2015 WP No.38256 of 2015 Writ petition filed under article 226 of the Constitution of India praying for the issue of a writ of certiorarified mandamus calling for the records relating to the Bar Upset Price fixed in the Column No. 10 of the Tender Form of the Petitioners Shop No.4338 issued by the 3rd Respondent and quash the same and consequently direct the Respondents to fix the Bar Upset Price for the Petitioners Shop No.4338 at Rs.1,02,279/- WP No.38273 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd respondent, as published in the Tamil Daily viz., Dinamani dt 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.

4166 and quash the same in so far as it relates to the petitioners Shop No.

based on the previous year sale i.e., 2014-15 (2.5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4166 WP No.38274 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd respondent, as published in the Tamil Daily viz., Dinamani dt 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4161 and quash the same in so far as it relates to the petitioners Shop No.4161 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.

5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4161 WP No.38275 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd respondent, as published in the Tamil Daily viz., Dinamani dt 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4159 and quash the same in so far as it relates to the petitioners Shop No.4159 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.

5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4159 WP No.38276 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd respondent, as published in the Tamil Daily viz., Dinamani dt 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4508 and quash the same in so far as it relates to the petitioners Shop No.4508 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.

5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4508 WP No.

issued by the 3rd respondent, as published in the Tamil Daily viz., Dinamani dt 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4156 and quash the same in so far as it relates to the petitioners Shop No.4156 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4156 WP No.38278 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd respondent, as published in the Tamil Daily viz., Dinamani dt 3.11.

2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4035 and quash the same in so far as it relates to the petitioners Shop No.4035 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4035 WP No.38279 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd respondent, as published in the Tamil Daily viz., Dinamani dt 3.11.

2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4537 and quash the same in so far as it relates to the petitioners Shop No.4537 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4537 WP No.38280 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd respondent, as published in the Tamil Daily viz., Dinamani dt 3.11.

2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4118 and quash the same in so far as it relates to the petitioners Shop No.

based on the previous year sale i.e., 2014-15 (2.5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4118 WP No.38348 of 2015 Writ petition filed under Article 226 of the constitution of India praying for he issue of a writ of declaration to Declare the minimum upset price as fixed in the Tender Form V.No. 136 for Shop No. 703, No.138, Poondamallee High Road, Ekkatuthangal, Chennai-32 as null and void, suffering statutory backing of fixing the minimum upset price in strict adherence with reference to clause-2 of the license fee of the Tender Terms and Conditions as per the order made in W.P.Nos. 26445/2015 etc. Batch dated 27.10.2015 WP No.38351 of 2015 To declare the minimum upset price as fixed in the Tender Form No.Va.No.248 for shop No.

893 at No.12, Erikkarai Street, Virugambakkam, Chennai-92 as null and void, suffering statutory backing of fixing the minimum upset price in strict adherence with reference to Clause-2 of the license fee of the Tender Terms and allow the petitioner at previous upset price WP No.38423 of 2015 calling for the records of the 2nd respondent in relation with the fixation of upset price for the bar license fees in Serial No. 10 of the Tender Form for the period 2015-2016 in respect shop bearing No 129 and quash the same on the ground of it being arbitrary, irrational, illegal and violative of Article 21 of the Constitution of India, Violation of Rule 20 of the Tamil Nadu Transparency in Tender Rules, 2000 and consequently direct the Respondents herein to fix the upset price for the license attached to the said shop at the rate of 2.

5% of the average monthly sales during the previous year plus 10% or the monthly average of the bid amount of the previous year (2014-2015), whichever is higher and grant the license for shop No.129 and permit motu run the said shop by paying the existing amount of Rs.1,67,910/- till the refixation of upset price. WP No.38448 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd Respondent, as Published in the Tamil Daily viz., Dinamani dated 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4113 and quash the same in so far as it relates to the Petitioners Shop No.

based on the previous year sale i.e 2014-15 (2.5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4113, WP No.38449 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd Respondent, as Published in the Tamil Daily viz., Dinamani dated 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4372 and quash the same in so far as it relates to the Petitioners Shop No.4372 is concerned, and direct the Respondents to fix the upset price based on the previous year sale i.e 2014-15 (2.

5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4372 WP No.38450 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd Respondent, as Published in the Tamil Daily viz., Dinamani dated 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4135 and quash the same in so far as it relates to the Petitioners Shop No.4135 is concerned, and direct the Respondents to fix the upset price based on the previous year sale i.e 2014-15 (2.

5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4135 WP No.38451 of 2015 Calling for the records in respect of the Tender Notification issued in Na. Ka. No.1771/ R6/2015, dated 31.10.2015 by the 3rd respondent, and published in Tamil Daily viz., Dinamani on 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (South) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4307 and quash the same in so far as it relates to the petitioners Shop No.4307 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.

5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4307. WP No.

issued in Na. Ka. No.1771/ R6/2015, dated 31.10.2015 by the 3rd respondent, and published in Tamil Daily viz., Dinamani on 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (South) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4059 and quash the same in so far as it relates to the petitioners Shop No.4059 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in in respect of Shop No.4059. WP No.38453 of 2015 Calling for the records in respect of the Tender Notification issued in Na. Ka. No.1771/ R6/2015, dated 31.10.

2015 by the 3rd respondent, and published in Tamil Daily viz., Dinamani on 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (South) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4390 and quash the same in so far as it relates to the petitioners Shop No.4390 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4390. WP No.38544 of 2015 Calling for the records of the 2nd Respondent in relation with the fixation of upset price for the bar license fees in Serial No.

10 of the Tender Form for the period 2015-2016 in respect shop bearing No 139 and quash the same on the ground of it being arbitrary, irrational, illegal and violative of Article 21 of the Constitution of India, violation or Rule 20 of the Tamil Nadu Transparency in Tender Rules, 2000 and consequently direct the Respondents herein to fix the upset price for the license attached to the said shop at the rate of 2.5 % of the average monthly sales during the previous year plus 10% or the monthly average of the bid amount of the previous year (2014-2015, whichever is higher, and grant the license for shop No.139 and permit me to run the said shop by paying the existing amount of Rs.1,56,000/- till the refixation of upset price. WP No.

38548 of 2015 Calling for the records of the 2nd Respondent in relation with the fixation of upset price for the bar license fees in Serial No.

Nadu Transparency in Tender Rules, 2000 and consequently direct the Respondents herein to fix the upset price for the license attached to the said shop at the rate of 2.5 % of the average monthly sales during the previous year plus 10% or the monthly average of the bid amount of the previous year (2014-2015), whichever is higher, and grant the license for shop No.2 and permit me to run the said shop by paying the existing amount of Rs.1,65,749/- till the refixation of upset price. WP No.38607 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd respondent, as published in the Tamil Daily viz., Dinamani dated 3.11.

2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4446 and quash the same in so far as it relates to the petitioners Shop No.4446 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4446 WP No.38608 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd respondent, as published in the Tamil Daily viz., Dinamani dated 3.11.

2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4306 and quash the same in so far as it relates to the petitioners Shop No.4306 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4306 WP No.38609 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd respondent, as published in the Tamil Daily viz., Dinamani dated 3.11.

2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4553 and quash the same in so far as it relates to the petitioners Shop No.4553 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.

consequently proceed with the issuance of Bar License in respect of Shop No.4553 WP No.38610 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd respondent, as published in the Tamil Daily viz., Dinamani dated 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4077 and quash the same in so far as it relates to the petitioners Shop No.4077 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4077 WP No.

38611 of 2015 Calling for the records in respect of the Tender Notification issued by the 3rd respondent, as published in the Tamil Daily viz., Dinamani dated 3.11.2015 pertaining to the issuance of Bar License at Kancheepuram (North) District of Tamil Nadu State Marketing Corporation Limited (TASMAC) and the consequential fixation of upset price in respect of Shop No.4146 and quash the same in so far as it relates to the petitioners Shop No.4146 is concerned, and direct the respondents to fix the upset price based on the previous year sale i.e., 2014-15 (2.5% of the total sale without taking into account the growth rate) and consequently proceed with the issuance of Bar License in respect of Shop No.4146 WP No.

38620 of 2015 Writ petition filed under Article 226 of the constitution of India praying for the issue of a writ of declaration to declare the minimum upset price as fixed in the Tender Na.Ka.1655/B1/2015, dated 25.11.2015, for Shop No.527, No.139, Valluvar Kottam Salai, Nungambakkam, Chennai-34, as null and void, suffering statutory backing of fixing the minimum upset price in strict adherence with reference to clause-2 of the license fee of the Tender Terms and Conditions as per the order made in W.P.Nos. 26445/2015 etc. Batch dated 27.10.2015 WP No.38621 of 2015 Declare the minimum upset price as fixed in the Tender Form V.No.117, for Shop No.4448, No.

Terms and Conditions as per the order made in W.P.Nos. 26445/2015 etc. Batch dated 27.10.2015 WP No.38622 of 2015 Declare the minimum upset price as fixed in the for Shop No.692, No.9, Nethaji Road, Ganesh Nagar, Guindy, Chennai-32, as null and void, suffering statutory backing of fixing the minimum upset price in strict adherence with reference to clause-2 of the license fee of the Tender Terms and Conditions as per the order made in W.P.Nos. 26445/2015 etc. Batch dated 27.10.2015 WP No.39114 of 2015 Writ petition filed under Article 226 of the constitution of India praying for the issue of a writ of certiorarified mandamus Calling for the records relating to the Bar Upset Price fixed in the Colum No.10 of the Tender Form of the petitioner Shop No.4097 issued by the 3rd respondent on 20.11.

2015 and quash the same and against the basic principles of natural justice and consequently direct the respondents herein to fix the Bar Upset Price for petitioner Shop No.4097 as Rs.2,78,200/- for the year 2015-2016 WP No.39866 of 2015 Writ petition filed under Article 226 of the constitution of India praying for the issue of a writ of declaration to declare the minimum upset price as fixed in the Tender Na.Ka. B1/264/2015 dated 25.11.2015 for shop No.316, Door No.1, Andrason Salai, Ayanavaram, Chennai-23 as null and void, suffering statutory backing of fixing the minimum upset price in strict adherence with reference to clause-2 of the license fee of the Tender Terms and Conditions as per the order made in W.P. Nos. 26445/2015 etc Batch dated 27.10.2015 WP No.

39867 of 2015, WP 39868 of 2015 and WP 39869 of 2015: Writ petition filed under Article 226 of the constitution of India praying for the issue of a writ of declaration to declare the minimum upset price as fixed in the Tender Na.Ka. 1655/B1/2015 dated 25.11.2015 for shop No.737, Door No.144 Arcot Road, Kodambakkam, Chennai-24, Shop No.516, No.60, Arcot Road, Kodambakka, Chennai 24 and Shop No.610, Door No.37, Nerkuntram Pettai, Vadapalani, Chennai 26 as null and void, suffering statutory backing of fixing the minimum upset price in strict adherence with reference to clause-2 of the license fee of the Tender Terms and Conditions as per the order made in W.P. Nos. 26445/2015 etc Batch dated 27.10.2015 respectively.

For Petitioners : Mr.K.Selvaraj in WP 37383 to 37392 of 2015 37411 to 37419 of 2015 38020 to 38023 of 2015 and WP 38256 of 2015 & 38044 of 2015.

WP 38351 and 38087 to 38092 of 2015.

:

Mr.M.saravanakumar WP 37495 to 37499 of 2015, 37570 of 2015, 37628 to 37632 of 2015.

37731 to 37734 of 2015, 38010 to 38016 of 2015.

38131 to 38135 of 2015, 38273 to 38280 of 2015, 38448 to 38453 and WP 38607 to 38611 of 2015.

38033 to 38038 of 2015.

:

Mr.S.Swaminathan WP 38423, 38544 & 38548 and WP 37911 to 37917 of 2015.

:

Mr.A.Ganapatheeswaran WP 38348, 38620 to 38622 of 2015, 39866 to 39869 of 2015 and WP 38136 of 2015.

:

Mr.S.Balasubramanian WP 38017 of 2015 :

Mr.D.Ashokkumar WP 37599, 37600 and 37709 of 2015 :

Mr.L.Chandrakumar WP 38122 to 38125 of 2015 :

Mr.C.Prakasam

WP 39114 of 2015 :

Mr.G.Thangavel For Respondents : Mr.B.Nedunchezian in all W.Ps.

COMMON O R D E R Though the prayer sought for in all these Writ Petitions are varied, yet, the sum and substance of the challenge in these Writ Petitions is to the tender notification issued by Tamil Nadu State Marketing Corporation Limited (TASMAC) for issuance of the license, in respect of the bars attached to the TASMAC retail vending shops.

2.

There has been prolonged litigation between the parties, and pursuant to the interim orders granted in earlier batch of cases, temporary licenses are granted to the petitioners on month to month basis. The benefit of the interim orders has accrued to the petitioners in this batch of cases also.

3.

After hearing Mr.S.Swaminathan, the learned counsel appearing for petitioners and Mr.B.Nedunchezian, the learned counsel for respondent/TASMAC, the factual situation that emerges is that, the challenge to the impugned notification has become academic.

4.

Admittedly, the impugned notification was issued during the year 2014-15, and the same has been worked itself out. All the petitioners have been granted temporary licence based on the interim orders granted by this Court, and they have been running the shops attached to the TASMAC retail vending shops. Now, the question would be, as to what is the decision, the respondent/TASMAC proposes to take in the matter, is deliberated by the Department, and it would take four months' time to take decision in the matter. This appears to be so, because, recently the Government has taken a policy decision, limiting the number of shops and regulating times. Therefore, the respondent is justified in seeking for four months' time. However, in the interregnum, the interest of the persons, like the petitioners herein, who are licensees, has also to be taken into consideration. Therefore, this Court is of the view that the following order would meet the ends of justice:- i) The respondent/TASMAC is directed to take a final decision in the matter as regards the fixation of upset price

for grant of license to run the bars attached to TASMAC retail vending shops, and such decision shall be taken, as expeditiously as possibly, not later than five months, from the date of receipt of a copy of this order.

ii) Since the petitioners have had the benefit of the interim orders from this Court, and they have been granted temporary license on month to month basis, this benefit should be permitted to continue in favour of their till the period is over for the current year, viz., 2015-2016, which shall come to an end in November, 2016. Therefore, the petitioners shall be permitted to continue to remit the license fees on monthly basis and temporary license may be granted to the petitioners subject to other fulfillments.

iii) In the event of violation of licence conditions, it is always open to the respondent/Corporation to take appropriate action in accordance with law.

iv) In any event, the benefit of this order would not accrue to the petitioners beyond November, 2016, or as and when, the respondent takes decision as to what manner, the tender notification should be invited, and what should be the upset price.

5.

With the above directions and observations, all these Writ Petitions stand disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (CS V) //True Copy// Sub Assistant Registrar sd To

1. THE MANAGING DIRECTOR TAMIL NADU STATE MARKETING CORPORATION LIMITED (TASMAC) THALAMUTHU NATARAJAN MAALIGAI GANDHI - IRWIN ROAD EGMORE CHENNAI-600 008

2. THE SENIOR REGIONAL MANAGER THE TAMIL NADU STATE MARKETING CORPORATION LIMITED (TASMAC) L.L.A.BUILDINGS ANNA SALAI CHENNAI-600 002

3. THE DISTRICT MANAGER THE TAMIL NADU STATE MARKETING CORPORATION LIMITED (TASMAC) KANCHEEPURAM (NORTH) INDUSTRIAL ESTATE THIRUMAZHISAI KANCHEEPURAM DISTRICT-600 123

4. THE DISTRICT MANAGER TASMAC LIMITED CHENNAI (SOUTH) DISTRICT B-4 AMBATTUR INDUSTRIAL ESTATE AMBATTUR CHENNAI-600 058 5.

THE DISTRICT MANAGER THE TAMILNADU STATE MARKETING CORPORATION LIMITED (TASMAC) KANCHEEPURAM (SOUTH) 14-18, SIPCOT INDUSTRIAL ESTATE, ORIKKAI, KANCHEEPURAM - 631 502

6. THE MANAGING DIRECTOR TAMIL NADU STATE MARKETING CORPORATION (TASMAC) CMDA TOWERS 4TH FLOOR EGMORE CHENNAI 8

7. THE MANAGING DIRECTOR TAMIL NADU STATE MARKETING CORPORATION LIMITED 4TH FLOOR SINGARAVELAR MALIGAI RAJAJI ROAD CHENNAI-600 001

8. THE GENERAL MANAGER RETAIL VENDING TAMIL NADU STATE MARKETING CORPORATION LIMITED 4TH FLOOR SINGARAVELAR MALIGAI RAJAJI ROAD CHENNAI-600 001

9. THE DISTRICT MANAGER TAMIL NADU STATE MARKETING CORPN LTD (TASMAC) KANCHEEPURAM NORTH THIRUMAZHISAI UNIT III 1 NATIONAL HIGH RD SEMBARAMBAKKAM THIRUVALLUR DT-103

10. THE INSPECTOR OF POLICE LIQUOR PROHIBITION EXERCISE WING (KALAL) ALANDUR ST. THOMAS MOUNT CHENNAI-600 016.

11. THE DISTRICT MANAGER (TASMAC- SOUTH) CHENNAI SOUTH B-4 AMBATHUR INDUSTRIAL ESTATE AMBATHUR CHENNAI-58

12. THE DISTRICT MANAGER (TASMAC-CENTRAL) CHENNAI (CENTRAL) B-4 AMBATHUR INDUSTRIAL ESTATE AMBATHUR CHENNAI- 58 26 ccs to Mr.B.Nedunchezhiyan, Advocate, sr.30704 to 30717 and 20719 to 30730.

2 ccs to Mr.K.Selvaraj, Advocate, sr.30303 1 cc to Mr.L.Chandrakumar, Advocate, sr.30352 1 cc to Mr.C.Prakasam, Advocate, sr.30310 5 ccs to Mr.S.Swaminathan, Advocate, sr.30114 Writ Petition Nos.37383 to 37392, 37411 to 37419, 37495 to 37499, 37570, 37599, 37600, 37628 to 37632, 37709, 37731 to 37734, 37911 to 37917, 38010 to 38017, 38020 to 38023, 38033 to 38038, 38044, 38087 to 38092, 38122 to 38125, 38131 to 38136, 38256, 38273 to 38280, 38348, 38351, 38423, 38448 to 38453, 38544 to 38548, 38607 to 38611, 38620 to 38622, 39114 and 39866 to 39869 of 2015 scd co kra 22.08.2016