Madras High Court (File) 
Chennai

RDOs, police can inspect clubs: HC

The petitioner contended that they are registered society under the Tamil Nadu Societies Registration Act and that it obtained an FL-2 liquor licence under the Tamil Nadu Liquor (Licence and Permit) Rules, 1981.

Thamarai Selvan

CHENNAI: The Madras High Court (HC) has allowed the police and Revenue Divisional Officers (RDOs) to conduct surprise inspections on the premises of clubs which hold FL2 licences (allowing them to serve liquor).

Justice Senthilkumar Ramamoorthy in his judgment said that under TN Liquor Licence Rules 22, it is clear that any officer equal to or above the rank of Inspector of Police and deputy Tehsildar of the Revenue Department may undertake an inspection of FL-2 licensee’s premises to ascertain whether the licensee is functioning in accordance with the terms and conditions of such licence.

Petitioner MC Veerapandian, representing Tamil Nadu FL2 Urimatharargal Sangam, moved the HC seeking to quash the letter issued by the Home, Prohibition and Excise Department, allowing RDOs and deputy collector to conduct inspection within the premises of clubs holding FL2 licences.

The petitioner contended that they are registered society under the Tamil Nadu Societies Registration Act and that it obtained an FL-2 liquor licence under the Tamil Nadu Liquor (Licence and Permit) Rules, 1981.

Additional Solicitor General (ASG) ARL Sundaresan appeared for the petitioner cited an interim order of the court and submitted that RDOs and deputy collectors may inspect the premises of FL2 licence holders, but they cannot suspend or revoke the licence since such power is vested in the licensing authority under Rule 22 of the Licence Rules.

Special government pleader D Ravichander, appeared for the State contended that the impugned letter merely directs surprise inspection by RDOs and deputy collectors and sought to dismiss the petition.

The judge held that RDOs and deputy collectors cannot suspend or cancel the FL-2 licence, but they can conduct inspection at the premises.

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