Tasmac closed order mhc full order
in WP No.7578 and 7589/2020 and other WPs
[The MD, TASMAC V. B.Ramkumar Adityan and 4 others]
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.05.2020
CORAM
THE HON’BLE DR.JUSTICE VINEET KOTHARI
AND
THE HON’BLE MRS.JUSTICE PUSHPA SATHYANARAYANA
W.M.P.No.8928 of 2020 in W.P.No.7578 of 2020,
W.M.P.No.8929 of 2020 in W.P.No.7589 of 2020,
and W.P.Nos.7589 to 7593, 7595, 7599 & 7600 of 2020
and WMP Nos.8910, 8911, 8916, 8929, 8931 & 8932 of 2020
WMP No.8928/2020 in WP No.7578/2020 :
The Managing Director,
Tamil Nadu State Marketing Corporation Ltd.,
CMDA Tower-II, 4th Floor,
Gandhi Irwin Bridge Road,
Egmore, Chennai-8. .. Petitioner
Vs.
B.Ramkumar Adityan .. Respondent/Writ Petitioner
Chief Secretary,
Government of Tamil Nadu,
Secretariat, St. George Fort,
Chennai-600 009.
Additional Chief Secretary,
Prohibition and Excise Department,
Government of Tami Nadu,
Secretariat, St. George Fort,
Chennai-600 009.
Principal Secretary,
Health and Family Welfare Department,
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[5/9, 07:43] Sekarreporter: Order dt. 08.05.2020 in WMP Nos.8928 & 8929/2020
in WP No.7578 and 7589/2020 and other WPs
[The MD, TASMAC V. B.Ramkumar Adityan and 4 others]
WMP No.8928 of 2020 : Petition filed praying to relax the conditions in
paragraph 15(ii)(b) and 15(iii), (iv), (v) and (vi) of order dated
06.05.2020 made in W.P.No.7578 of 2020 for the time being and permit
the petitioner to carry on business as per the guidelines of TASMAC and
other conditions imposed.
Prayer in WP No.7588 of 2020 : Petition under Article 226 of the
Constitution of India praying for a writ of Mandamus restraining the
respondents from opening the state-run liquor outlets (TASMAC outlets)
in the State of Tamil Nadu till such time the COVID-19 Lockdown is in
force.
Prayer in WMP No.8929 of 2020 : Petition file praying to grant an
interim order directing the respondents therein to close the TASMAC
shops across the State of Tamil nadu until online sale/e-coupon systems
are implemented by the second respondent/TASMAC, to avoid
overcrowding at the liquor shops as directed by this Court at clause 15(iv)
in the order dated 06.05.2020.
For Petitioner in : Mr.Vijay Narayan,
WMP No.8928/2020 Advocate General
in WP No.7578/2020 Mr.S.R.Rajagopal,
and Respondents 2 Additional Advocate General
to 5 in WP No.7578/ assisted by
2020 and Respondents Mr.V.Jayaprakash Narayanan,
1 and 2 in WP Government Pleader for State of
No.7589/2020 Tamil Nadu and Mr.Sathish for
For Respondents/State TASMAC
of TN in other WPs
For Petitioner in : Mr.AR.L.Sundaresan, Senior Counsel
WP No.7599/2020 for Mr.K.S.Karthik Raja
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[5/9, 07:44] Sekarreporter: Order dt. 08.05.2020 in WMP Nos.8928 & 8929/2020
in WP No.7578 and 7589/2020 and other WPs
[The MD, TASMAC V. B.Ramkumar Adityan and 4 others]
The challenge of the State is to ensure revenue from alchohol. In the
COVID-19 locked down period to maintain the social distancing protocol
and also boost the State revenue, it is imperative that the Government of
Tamil Nadu should look at option of online sale and home delivery.
Learned Advocate General also submitted that at least 15
days is required even for any of the Banks to arrange for the online
vending. It is relevant to state that the before deciding to reopen the
retail outlets, the State and the TASMAC should have made arrangements
for the online sales, considering the guidelines and restrictions imposed
on them for maintaining social distancing.
In view of the above discussion, the relief sought for by the
TASMAC in this miscellaneous petition is not viable for the following
reasons : (i) the online sale recommended by this Court was not even put
to test ; (ii) the social or physical distancing norms, wearing of masks,
etc. were not followed ; (iii) number of bottles to be sold to each buyer,
as restricted by this Court was also flouted ; (iv) the selling conditions
based on age, as mentioned in the guidelines were also not followed ; and
(v) the Hon’ble Supreme Court today observed that the States should
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[5/9, 07:44] Sekarreporter: Order dt. 08.05.2020 in WMP Nos.8928 & 8929/2020
in WP No.7578 and 7589/2020 and other WPs
[The MD, TASMAC V. B.Ramkumar Adityan and 4 others]
consider home delivery of liquor/indirect sale during lockdown.
Consequently, we are inclined to modify the order dated
06.05.2020 and the TASMAC is directed to close all of its shops/outlets,
which were opened on 07.05.2020 and 08.05.2020 with immediate effect
and no shops shall be kept open till the lockdown imposed by the
Central/State Government is lifted/modified in accordance with law.
However, it is open to the State and the TASMAC to resort to
only home delivery of the liquor by indirect sale during this lockdown
period, viz., online booking of order for liquor and by putting the required
system in place in the manner in which, they can sell the liquor and make
home delivery in the above manner. As it is stated that there are 30,000
contractual employees available with the TASMAC, we are of the opinion
that there cannot be any difficulty in undertaking the above exercise of
indirect sales and home delivery either through their own employees or
by outsourcing such supplies of liquor. While ordering so, it is made clear
that the TASMAC shall ensure that the persons undertaking the delivery
work have undergone necessary safety medical tests and they are
complying with all the protocols for the prevention of spreading of COVID-
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[5/9, 07:45] Sekarreporter: Order dt. 08.05.2020 in WMP Nos.8928 & 8929/2020
in WP No.7578 and 7589/2020 and other WPs
[The MD, TASMAC V. B.Ramkumar Adityan and 4 others]
19, and they should put into necessary medical tests at regular intervals.
In view of the above modifications in paragraph 15 of the
order dated 06.05.2020, W.M.P.No.8928 of 2020 preferred by the
TASMAC is disposed of and W.M.P.No.8929 of 2020 is allowed.
The other conditions and restrictions in Government
Notification dated 05.05.2020 and Court order dated 06.05.2020 shall
continue to be operative in accordance with this order and this order is in
addition and modification of the previous order dated 06.05.2020 in
W.P.No.7578 of 2020, to the extent indicated above.
Post all the remaining connected writ petitions and
miscellaneous petitions before this Court on 14.05.2020.
(V.K., J.) (P.S.N., J.)
08.05.2020
gg
Index : Yes / No
Internet: Yes
18/20
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