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P.Saravanan v. The State of Tamil Nadu,

DISPOSED OF
Court
High Court of Madras
Decided
20 May 2026
Bench
G.R.Swaminathanauthor
Case no.
WP 20028/2026

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Judgment

ORDER Heard Mr.V.Ramanareddy, learned counsel appearing for the petitioner, Mr.Vijay Narayan, learned Advocate General assisted by Mr.L.S.M.Hasan Fizal, learned Additional Government Pleader for respondent Nos.1 to 3 and Mr.T.Gowthaman, learned Additional Advocate General assisted by Mr.K.Sathishkumar, learned counsel for respondent Nos. 4 to 6. Page3 of 7

¶2The writ petitioners are owners of the premises bearing Door No.2/4, Venkatakrishna Road, R.A.Puram, Chennai - 600 028, which was leased out in favour of the fifth respondent Corporation to enable running of a liquor outlet with an attached Bar for which licence was granted to the petitioners herein. The petitioners thus don two hats. They are the landlords as well as licensees. Following the change of State Government, a policy decision has been taken to close 717 TASMAC shops across the State of Tamil Nadu by taking note of their location.

¶3The learned counsel for the petitioner submits that without there being a formal Government Order, merely based on the strength of a press release effected by the third respondent on 12.05.2026, the shop was closed. He wants this Court to declare such a decision as null and void. He pointed out that the petitioners had invested a substantial sum of money with the fond hope that they would get regular income from the TASMAC for a reasonable period. He contends that the petitioners had been put to considerable financial loss on account of the impugned decision.

¶4I am not swayed by the said submission. As rightly pointed out by the learned Advocate General, the petitioners do not have any direct relationship Page4 of 7 with the State. They had only lessor-lessee and licensee-licensor relationship with the TASMAC. If the petitioners suffer any legal injury as a fall out of the decision taken by TASMAC, their remedy for the petitioners is only before the civil Court. They cannot be permitted to invoke the public law remedy.

¶5I need not go into the question whether, without there being a formal Government Order, there can be enforcement of such policy decision. It is for the TASMAC, the fourth respondent which has been running the liquor outlet. They have chosen to abide by the direction issued by the Hon'ble Chief Minister. The petitioners have no locus standi in the matter. It is not for the Writ Court to test the correctness of the said decision. Article 47 of the Constitution of India emphasises that the States shall endeavour to promote prohibition as a policy. The impugned decision is in consonance with the said Constitutional objective. I, therefore, do not find any ground to grant the relief.

¶6The learned counsel for the petitioners states that a sum of Rs.18,00,000/- had been deposited by the petitioners with the fourth respondent. Page5 of 7

¶7The learned Advocate General informs this Court that whatever amount that is due to be refunded to the petitioners, will be refunded within a period of three (3) weeks from the date of submission of a proper representation by the writ petitioners.

¶8With the above observation, the Writ Petition stands dismissed. There shall be no order as to costs. Consequently, the connected Miscellaneous Petitions are closed. 20-05-2026 Index : Yes/No Speaking/Non-speaking Order : Yes/No Asi / Ssk Page6 of 7 To

¶1The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai 600 009.

¶2The Secretary to Government Department of Home, Prohibition and Excise, Government of Tamil Nadu, Secretariat, Chennai 600 009.

¶3The Director, Department of Information and Public Relations, Government of Tamil Nadu, Secretariat, Chennai 600 009.

¶4The Managing Director, Tamil Nadu State Marketing Corporation (TASMAC), CMDA Towers - II, IV Floor, Gandhi Irwin Bridge Road, Egmore, Chennai 600 008.

¶5The Regional Manager, Tamil Nadu State Marketing Corporation (TASMAC), B4, Industrial Estate, Ambattur, Chennai 600 058.

¶6The District Manager, Chennai South District, Tamil Nadu State Marketing Corporation (TASMAC), B4, Industrial Estate, Ambattur, Chennai 600 058. Page7 of 7

G.R.SWAMINATHAN, J. Asi / Ssk W.P. No. 20028 of 2026 and W.M.P. Nos.21410 and 21415 of 2026 20-05-2026

Case details

Parties and counsel

Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-05-2026 CORAM THE HON'BLE MR JUSTICE G. R. SWAMINATHAN W.P. No. 20028 of 2026 and W.M.P. Nos.21410 and 21415 of 2026 1. P.Saravanan 2. C.Mathiarasan ..Petitioners Vs 1. The State of Tamil Nadu, Represented by its Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai 600 009. 2. The Secretary to Government Department of Home, Prohibition and Excise, Government of Tamil Nadu, Secretariat, Chennai 600 009. 3. The Director, Department of Information and Public Relations, Government of Tamil Nadu, Secretariat, Chennai 600 009. 4. The Managing Director, Tamil Nadu State Marketing Corporation (TASMAC), CMDA Towers - II, IV Floor, Gandhi Irwin Bridge Road, Egmore, Chennai 600 008. 5. The Regional Manager, Tamil Nadu State Marketing Corporation (TASMAC), B4, Industrial Estate, Ambattur, Chennai 600 058. Page2 of 7 6. The District Manager, Chennai South District, Tamil Nadu State Marketing Corporation (TASMAC), B4, Industrial Estate, Ambattur, Chennai 600 058. ..Respondent(s) PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India seeking a declaration to declare the Press Release No.007 dated 12/05/2026 intended for closure of 717 TASMAC Shops in the State of Tamil Nadu, as inconsistent to the provisions of the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules 2003, and ultra vires to the provisions of Tamil Nadu prohibition Act, 1937, illegal, null and void. For Petitioners: Mr.V.Ramanareddy For Respondents: Mr.Vijay Narayan, Advocate General Assisted by Mr.L.S.M.Hasan Fizal Additional Government Pleader for R1 to R3 Mr.T.Gowthaman Additional Advocate General Assisted by Mr.K.Sathishkumar for R4 to R6

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