The Madras High Court on Thursday dismissed a huge batch of writ petitions challenging the “very high” upset price fixed by the Tamil Nadu State Marketing Corporation (Tasmac) in the tender notices issued recently for grant of licence to collect empty liquor bottles and sell eatables in the bars attached to various retail liquor shops in the State.
Justice T.S. Sivagnanam rejected all the cases after observing: “The petitioners have failed to establish as to how Article 14 (right to equality) of the Constitution has been infringed on account of the tender conditions... it can be safely concluded that the action of Tasmac has been fair and reasonable and the conditions imposed are neither arbitrary or irrational.”
The writ petitioners, who were the existing licensees, had claimed that the upset price should be fixed by taking into consideration only the amount of liquor consumed in the bars and not the sales figures registered in every shop since most of the customers purchase liquor and consume it elsewhere. Further, stating that the upset price must be fixed taking into account the volume of sales and not the turnover since the latter projects a distorted picture on account of steep increase in the prices of IMFL, the petitioners objected to insistence on the bidders registering themselves for regular payment of the GST.
Scope limited
Not finding any force in the grounds raised by the licensees, the judge said the scope of judicial interference in such matters was very limited.
