CHENNAI: The Madras High Court has sought responses from the State Government and the Tamil Nadu State Marketing Corporation (Tasmac) on a petition challenging the mandatory collection of empty liquor bottles from members of registered societies, citing practical difficulties in retrieving bottles from their private residences.

Justice N Senthilkumar directed the State Government and the Tasmac managing director to file their responses to the petition filed by the secretary of the Tamil Nadu FL.2, FL.3 and Hotel Association.

The petitioner challenged an August 2, 2022, circular issued by the Commissioner of Prohibition and Excise, directing registered societies to collect empty liquor bottles from their members after consumption and return them to Tasmac.

According to the petition, registered societies purchase liquor from Tasmac godowns at prescribed prices and are authorised to supply it to their members, who can consume it either on the society premises or at their private residences. While societies could collect empty bottles consumed on their premises, retrieving bottles from members' homes was practically impossible, the petitioner contended.

The circular had been issued without proper guidelines, causing hardship to registered societies and affecting their right to carry on business, it said. Though the bottle buyback measure was introduced to achieve social welfare objectives following directions of the High Court, its implementation should not result in business or revenue losses to a particular industry, the petition added.

It further pointed out that the membership of these societies included people from different social backgrounds, including prominent public personalities, making it impractical for societies to retrieve empty bottles from their private residences.

The association also challenged consequential circulars and notifications providing for the installation of reverse vending machines and the levy of an Environmental and Social Welfare Cess. These measures, it contended, were contradictory and impractical and would cause financial losses to its members.

The petitioner also questioned the notification imposing a cess of Rs 10 per container under the Tamil Nadu Value Added Tax Act, 2006, arguing that no corresponding amendment had been made to the provisions governing input tax credit claims during the assessment period.

The petitioner sought to quash the August 2022 circular and the consequential notifications.