A Division Bench of the Madras High Court has set aside an order passed by a single judge of the court on January 31, 2022, directing the Tamil Nadu State Marketing Corporation (Tasmac) to close down all “so-called bars” attached to retail liquor shops across the State as law permitted only the Commissioner of Prohibition and not the marketing corporation to permit the use of a public space to consume liquor.
First Bench of Chief Justice S.V. Gangapurwala and Justice P.D. Audikesavalu set aside the order on the sole ground that the single judge had issued the direction in a case where Tasmac’s right to grant permission for bars was neither pleaded by any of the parties nor formed the subject matter of the writ petitions before him. Consequently, Tasmac too did not have an opportunity to defend itself before the judge, it said.
“It is made clear that no view has been expressed by this court on those aspects [related to Tasmac’s act of permitting customers to consume liquor in enclosures adjacent to some of its retail liquor shops], meaning that the challenge to the policy of the State in granting the privilege of running bars is left open,” the Division Bench said, disposing of a batch of appeals preferred by the corporation.
