The Madras High Court on Monday wondered how a Government Order (GO) issued on April 26 for amending the Tamil Nadu Liquor (Licence and Permit) Rules 1981, and thereby introducing a special licence regime for possessing and serving liquor to guests during national and international events in convention halls and stadia, can survive without the amendment having been placed before the Legislative Assembly.
Chief Justice S.V. Gangapurwala and Justice P.D. Audikesavalu raised the question during the hearing of two writ petitions filed by K. Balu of Advocates Forum for Social Justice. He had challenged a March 18 G.O. which permitted serving of liquor even during household celebrations at marriage halls and banquet halls as well as the overriding April 26 G.O. which restricted the special licence to national/international events.
Arguing the matter on merits, senior counsel N.L. Rajah contended both the orders suffered from manifest arbitrariness. However, the Chief Justice intervened and told Advocate General R. Shunmugasundaram the G.Os had been issued in exercise of executive authority though any amendment to the statutory rules require exercise of legislative authority which appeared to be completely absent in the present case.
