Interim stay on single judge’s order restraining Tasmac bars

The Madras High Court on Tuesday passed an interim stay on a single judge’s January verdict that had restrained Tasmac from floating tenders for operating bars with the liquor outlets.
Interim stay on single judge’s order restraining Tasmac bars

CHENNAI: Heading the first division bench along with Justice D Bharatha Chakravarthy, Chief Justice Munishwar Nath Bhandari passed the direction on hearing the appeal petition filed by Tasmac. The court observed that the single judge, Justice C Saravanan, passed the orders beyond the scope of the writ petition filed.

“The petition was filed only against the notification of Tasmac to extend permission/right to collect empty bottles and sell eatables in the bars and was not against running the bars. But the single judge passed orders on discontinuing the bars attached to the liquor outlets. There shall be an interim stay on the order passed by the single judge, finding it prima-facie in favour of the appellant,” the bench ruled.

The appellant had prayed on quashing the single judge’s order that wanted all bars attacked to Tasmac outlets closed within six months and also cancelled tenders floated for awarding bar licences. R Shunmugasundaram, Advocate General, stated that the Tasmac had submitted that as per Tamil Nadu Retail Liquor Vending Rules, it has the authority to grant licences to run bars along with liquor outlets. “The original petitioners neither questioned the power of Tasmac to grant bar licence nor did they seek any direction to close the bars,” the AG submitted.

He further submitted that the single judge erroneously held that Section 4 of Tamil Nadu Prohibition Act 1937 does not allow Tasmac to float such tenders. The said act is not applicable in this matter, the appellant said. Concurring with the submissions of the AG, the bench posted the matter on April 26.

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