1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13/07/2011 C O R A M THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD) No.7749 of 2011 and M.P.(MD).Nos.1 & 2 of 2011 TASMAC Paniyalargal Union (Madurai), Tamil Nadu Government Servants Association Building, PWD Complex, Madurai, rep. by the District Secretary, G.Thiagarajan ... Petitioner Vs. 1.The Managing Director, Tamil Nadu State Marketing Corporation Ltd. (TASMAC), CMDA Tower, 4th Floor, Gandhi Irwin Bridge Road, Chennai. 2.The Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd. (TASMAC), Madurai Region, Madurai. 3.The District Manager, Tamil Nadu State Marketing Corporation Ltd. (TASMAC), Madurai District. ... Respondents Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus, calling for the proceedings of the 3rd respondent in Na.Ka.No.2120/11/H dated 11.07.2011, quash the same insofar as the date of implementation alone and further direct the respondents to implement the same from 12.11.2011 onwards or any other particular date onwards. For petitioner .. Mr.R.V.Rajkumar For respondents .. Mr.S.Chandrasekar, for Mr.K.Mahendran Addl. Government Pleader ORDER Exposing the cause of the members of the TASMAC Paniyalargal Union, the District Secretary Mr.G.Thiagarajan, on behalf of the petitioner association, has filed the present writ petition for certiorarified mandamus to quash the proceeding of the District Manager, TASMAC, Madurai in Na.Ka.No.2120/11/H, dated 11.07.2011, in which a direction has been issued to sell liquors at enhanced rate from 11.07.2011 morning onwards. Along with the impugned memorandum, the Maximum Retail Price List has also been enclosed. 2.It is the contention of the petitioner union that the impugned memorandum along with the Maximum Retail Price List was received only in the late evening on 11.07.2011 from the District Manager, TASMAC, Madurai District, third respondent and therefore, it would be impossible to collect https://hcservices.ecourts.gov.in/hcservices/ 2 the balance amount from the consumers, who had purchased liquor till the communication was received. It is the grievance of the members of the petitioner association that though the District Manager, TASMAC, Madurai District, third respondent, was explained with the difficulties in implementing the revised price and a request was made to implement the revised Maximum Retail Price List for the sale of liquors only from 12.07.2011, there is no response and apprehending that every employee of the TASMAC shops would be forced to shell out from their pocket, the association has contended inter alia that there is a violation of Article 14 & 21 of the Constitution of India. 3.The Government, who have the exclusive privilege in the matter of sale of liquor, can fix the maximum retail price for the sale of liquor and the date from which the price has come into effect. The contention that the information of revising price was given to the members of the petitioner union only in the late evening on 11.07.2011 and by the time, liquor had already been sold and therefore, it was not possible to collect the balance amount from the consumers, is a question of fact which this Court cannot adjudicate under Article 226 of the Constitution of India. 4.The apprehension of the petitioner union is not well founded or based on any material documents. The writ petition for a writ of mandamus to alter the date for implementing the revised price list from 12.07.2011 is wholly based on apprehension and there is no violation of Article 14 of the Constitution of India, warranting issuance of writ of certiorari. 5.For the reasons stated supra, the writ petition is dismissed. No costs. SD ASST REGISTRAR ( CO ) /TRUE COPY/ SUB ASST REGISTRAR gcg To 1.The Managing Director, Tamil Nadu State Marketing Corporation Ltd. (TASMAC), CMDA Tower, 4th Floor, Gandhi Irwin Bridge Road, Chennai. 2.The Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd. (TASMAC), Madurai Region, Madurai. 3.The District Manager, Tamil Nadu State Marketing Corporation Ltd. (TASMAC), Madurai District. 1CC TO MR. K. MAHENDRAN, ADVOCTE, SR: 23004: 1CC TO MR. R.V. RAJKUMAR, ADVOCATE,SR: 22793: DM:2011:JULY:21:: W.P.(MD) No.7749 of 2011 13.07.2011 2P:6C:: https://hcservices.ecourts.gov.in/hcservices/