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Madras High Court · body

2026 DAILYLAW 61101 (MAD)

G.Devarajan v. The Principal Secretary

WP Crl./1695/2026 · 2026-08-07

G K Ilanthiraiyan

Transfer Petitionbody2026

Judgment text

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WP Crl. No. 1695 of 2026 __________ Page1 of 18 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-08-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN WP Crl. No. 1695 of 2026 G.Devarajan S/o.(Late) J.Gopalakrishnan, No.25/12, Sathiyanarayanan Street, Sembuim, Chennai - 600 011. ..Petitioner(s) Vs 1. The Principal Secretary Home Department, Government of Tamil Nadu Secretariat, Fort St.George, Chennai - 600009. 2. The Additional Director General of Police (Prohibition Enforcement), DGP Office Campus, Dr.Radhakrishnan Salai, Chennai - 4. 3. The Assistant Director, Directorate of Enforcement (ED), Chennai Zonal Office-II, No.2, 5th and 6th Floor, BSNL Administrative Building, Kushkumar Road, Nungambakkam, Chennai-600 034. 4. The Director, Directorate of Vigilance and Anti-Corruption (DVAC), No.293, MKN Road, Alandur, Chennai - 600 016. 5. The Managing Director Tamil Nadu State Marketing Corporation Limited CMDA Tower-II, IV Floor, Gandhi Irwin Bridge Road, https://www.mhc.tn.gov.in/judis WP Crl. No. 1695 of 2026 __________ Page2 of 18 Egmore, Chennai - 600 008. 6. The Senior Regional Manager, TASMAC Limited, Plot No.B4, Industrial Estate, Ambattur, Chennai - 600 053. 7. TASMAC Shop No.211 Through Its Salesman, Paper Mills Road, Perambur, Chennai - 600 011. 8. TASMAC Shop No.294 Through Its Salesman, 29B, Redhils Main Road, Kolathur, Chennai - 600099. 9. TASMAC Shop No.214 Through Its Salesman, 40, Madhavaram High Road, Chennai - 600011. 10.TASMAC Shop No.249 Through Its Salesman, Strahans Road, Chennai - 600011. 11.TASMAC Shop No.285 Through Its Salesman, No.2 Kumaran Nagar Main Road, Chennai - 600082. 12.TASMAC Shop No.292 Through Its Salesman, 31, Lakshmi Amman Koil Street, Chennai - 600011. 13.TASMAC Shop No.293 Through Its Salesman, S.R.P. Colony, Peper Mills Road, Chennai - 600082. 14.TASMAC Shop No.378 Through Its Salesman, 52/115, Padavattamman Koil Street, Chennai - https://www.mhc.tn.gov.in/judis WP Crl. No. 1695 of 2026 __________ Page3 of 18 600012. 15.TASMAC Shop No.221 Through Its Salesman, Meenambal Salai, Chennai - 600118. 16.TASMAC Shop No.216 Through Its Salesman, 317, Melpatti Ponnappan Street, Perambur, Chennai - 600039. 17.TASMAC Shop No.8701 Through Its Salesman, No.1282, Grand National Trunk Roiad, Jawaharlal Nehru Road, (Ring Road), Madhavaram, Chennai 6000110. 18.TASMAC Shop No.8924 Through Its Salesman, Madhavaam Redhills Road, Madhavaram, Chennai - 600052. 19.TASMAC Shop No.9150 Through Its Salesman, G.N.T. Road, SErvice Road, (Near Ambedkar Nagar / Athur Bridge) Karanodai, Chozhavaram, Chennai 600067. 20.TASMAC Shop No.8727 Through Its Salesman, 1/56 P.H.Road, (Next Sri Balaji Electricals), Vanagaram Chennai 95. 21.TASMAC Shop No.8913 Through Its Salesman, 263 Siva Prakasam Nagar, Redhills Road, Surapet, Chennai - 66. 22.TASMAC Shop No.8841 Through Its Salesman, 466 Kamarajar Salai, Manali, Chennai - 600068. https://www.mhc.tn.gov.in/judis WP Crl. No. 1695 of 2026 __________ Page4 of 18 23.TASMAC Shop No.340 Through Its Salesman, 125, East Seeyalam, Canal Street, Villiwakkam Chennai 600049. 24.TASMAC Shop No.462 Through Its Salesman, 17/3, Jawaharlal Nehru Salai, (100 FT Road), Koyambedu, Chennai - 600 107. 25.TASMAC Shop No.9174 Through Its Salesman, 105/2, Kamarajar Salai, MMDA Mathur, Chennai 68. 26.TASMAC Shop No.111 Through Its Salesman, Door No.15 Sunkuram Chetty Street, Chennai 600001. 27.TASMAC Shop No.169 Through Its Salesman, Door No.77, Wall Tax Road, Chennai - 600003. 28.TASMAC Shop No.387 Through Its Salesman, 81, Perambur Barracks Road, Choolai Chennai 600012. 29.TASMAC Shop No.8938 Through Its Salesman, 8938, Ward D, Block 1, Servy No.16/10, Nagappa Estate, Kathirvedu, Puzhal, Chennai 66. 30.TASMAC Shop No.9159 Through Its Salesman, MHR Road, (Singam Bar), Vadaparumbakkam, Chennai 60. 31.TASMAC Shop No.441 Through Its Salesman, Shop No.6, Alsa Mall, Red Cross Rd, Egmore, https://www.mhc.tn.gov.in/judis WP Crl. No. 1695 of 2026 __________ Page5 of 18 Chennai 600008. 32.TASMAC Shop No.177 Through Its Salesman, No.7/4, SRP Koil Street, Peravallur, (Agaram), Chennai - 600082. 33.TASMAC Shop No.8835 Through Its Salesman, Survey No.31/81, Thandalkalani Kiramam, Swamiyar Maddam, Redhills, Chennai -52. 34.TASMAC Shop No.8858 Through Its Salesman, Ponneri High Road, Katapakkam, Chennai - 600103. 35.TASMAC Shop No.8806 Through Its Salesman, No.3/405, Apollo Armstrong Nagar, Chinna Mathur, Manali, Chennai 68. 36.TASMAC Shop No.8833 Through Its Salesman, Madhavaram High Road, (Opp Central Bank of India) Moolakadi, Chennai 600060. 37.TASMAC Shop No.8798 Through Its Salesman, Somji Bai Nagar, Puzhal Service Road, Kallikuppam Ambattur Chennai - 53. ..Respondent(s) PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents 1 to 6 to consider my representation dtd on 10.05.2025, 17.07.2025, 29.12.2025, 25.02.2026, 11.05.2026, 02.06.2026 in to take TASMAC shops under the Prevention of Corruption Act, 1988 and Prevention of Money Laundering Act, https://www.mhc.tn.gov.in/judis WP Crl. No. 1695 of 2026 __________ Page6 of 18 2002 to recover the entire excess amount collected from the involved employees and remittance to the Government which has been collected for 2022 to 2026 years and to take disciplinary action, including dismissal from service, against the concerned employees/supervisors/managers involve in this malpractice and A thorough enquiry/investigation into the systemic collection of excess amounts across these shops and appropriate action to prevent recurrence to the 7th Respondent to 37th respondent. For Petitioner(s): Mr.G.Devarajan ( Party-in-Person) For Respondent(s): Mr.R.Ganesh Kumar Counsel for Government for R1 to R4 Mr.T.Gowthaman Additional Advocate General Assisted by Mr.K.Sathish Kumar Senior Counsel for R5 & R6 ORDER This Writ Petition has been filed seeking direction to the respondents 1 to 6 to consider the petitioner’s representation dated on 10.05.2025, 17.07.2025, 29.12.2025, 25.02.2026, 11.05.2026, 02.06.2026 to bring TASMAC shops within the fold of Prevention of Corruption Act, 1988 and Prevention of Money Laundering Act, 2002 to recover the entire excess amount collected from the involved employees and remittance to the Government which has been collected from 2022 to 2026 years and to take disciplinary action, including dismissal from service, against the concerned employees/supervisors/managers involved in this malpractice and a thorough enquiry/investigation into the https://www.mhc.tn.gov.in/judis WP Crl. No. 1695 of 2026 __________ Page7 of 18 systemic collection of excess amounts across these shops and to take appropriate action to prevent recurrence to the 7th Respondent to 37th respondent. 2. The petitioner is a consumer of the Tamil Nadu State Marketing Corporation (TASMAC) Limited, who regularly purchases liquor bottles from the retail outlets arrayed as respondents 7 to 37 (hereinafter referred to as 'the TASMAC shops'). It is the case of the petitioner that for every purchase of liquor, he was compelled to pay an additional sum of Rs. 10/- over and above the Maximum Retail Price (MRP). The petitioner claims to have excessively paid an aggregate sum exceeding Rs. 25,000/- across various transactions at the respondent TASMAC shops. Aggrieved by the same, the petitioner lodged multiple complaints before respondents 1 to 6. While no substantial action was initiated on most of his complaints, one such representation was forwarded to the Superintendent of Police, Chennai City Range, Directorate of Vigilance and Anti-Corruption (DVAC), Chennai. Upon receipt of the same, the Superintendent of Police, DVAC, by communication dated 22.05.2025, informed the petitioner that the complaint had been forwarded to the fifth respondent for taking necessary action. The petitioner, however, contends that no action has been taken against the erring employees of the TASMAC shops so far. This Court, upon finding that no TASMAC retail shop was issuing bills for the purchase of liquor, or maintaining proper stock verification and inward https://www.mhc.tn.gov.in/judis WP Crl. No. 1695 of 2026 __________ Page8 of 18 registers, passed an interim order dated 17.07.2026, thereby directing the respondents 5 and 6 to produce the relevant stock verification registers and bill books concerning the disputed TASMAC shops (respondents 7 to 37 herein). Pursuant to the said direction, respondents 5 and 6 produced the 'Stock-cum- Sale Register' and a shop-wise bill summary report dated 29.07.2026 on 31.07.2026. A perusal of the said records reveals that while the TASMAC shops maintain entries for opening balances, inward stock, sold bottles, and the total revenue collected, but they do not maintain any physical or digital bill books, and the consumers are completely denied sale bills for their respective purchases. Consequently, by an order dated 31.07.2026, this Court issued a mandatory direction to all the TASMAC shops across the State of Tamil Nadu to maintain formal bill books and mandatorily issue a computerized/printed bill to consumers for every individual sale transaction. Furthermore, the TASMAC management was directed to strictly enforce queue systems at all retail outlets to maintain public order during sales. In compliance with the comprehensive directions issued by this Court on 31.07.2026, respondents 5 and 6 have issued an official Circular dated 06.08.2026 to all regional managers and shop personnel, which reads as follows: https://www.mhc.tn.gov.in/judis WP Crl. No. 1695 of 2026 __________ Page9 of 18 https://www.mhc.tn.gov.in/judis WP Crl. No. 1695 of 2026 __________ Page10 of 18 https://www.mhc.tn.gov.in/judis WP Crl. No. 1695 of 2026 __________ Page11 of 18 Accordingly, it is submitted that all TASMAC shops across the State are now mandatorily issuing bills for each individual purchase of liquor, and are strictly maintaining queue lines during sales. 3. Now, the petitioner submits that despite the structural changes, the specific complaints lodged by the petitioner concerning past overcharging have not been considered, and no departmental or legal action has been initiated against the erring personnel of the retail outlets arrayed as respondents 7 to 37 herein. 4. A perusal of the record reveals that one such complaint was forwarded as early as 19.05.2025 by the Deputy Commissioner of Police, Chennai, to the competent authorities of the TASMAC management, with a specific direction to take appropriate disciplinary action and submit a report thereon. That apart, another complaint was forwarded to the Superintendent of Police, Chennai City Range, Directorate of Vigilance and Anti-Corruption (DVAC), Chennai, for necessary action. Despite the lapse of considerable time, it appears that no substantial action has been taken by the respondents on the specific complaint lodged by the petitioner https://www.mhc.tn.gov.in/judis WP Crl. No. 1695 of 2026 __________ Page12 of 18 5. In view of the above, this Court issues the following directions: (i) All retail outlets of the Tamil Nadu State Marketing Corporation (TASMAC) Limited across the State of Tamil Nadu shall strictly implement and adhere to the guidelines issued by the fifth respondent vide Circular dated 06.08.2026, without any deviation or violation, with immediate effect; (ii) The sixth respondent is directed to conduct a preliminary enquiry against the erring employees of the retail outlets arrayed as respondents 7 to 37, and submit a comprehensive report to the Superintendent of Police, Chennai City Range, Directorate of Vigilance and Anti-Corruption (DVAC), Chennai, within a period of eight weeks from the date of receipt of a copy of this order; (iii) Upon receipt of the said enquiry report, the Superintendent of Police, Chennai City Range, DVAC, Chennai, is directed to take appropriate departmental and legal action against the erring officials of respondents 7 to 37 in strict accordance with the findings therein. If the report discloses the commission of any cognizable offence, the authority shall proceed in accordance with law; (iv) In the event of any future violation or non-compliance with the mandates of the Circular dated 06.08.2026 issued by the fifth respondent, the https://www.mhc.tn.gov.in/judis WP Crl. No. 1695 of 2026 __________ Page13 of 18 consumers purchasing liquors are at liberty to lodge a formal complaint before the respective jurisdictional police station within whose territorial limits the concerned TASMAC shop is situated. Upon receipt of such a complaint, the jurisdictional police shall register a First Information Report (FIR) and proceed in accordance with law; (v) The first respondent is directed to provide adequate police protection and assistance to all TASMAC outlets across the State of Tamil Nadu, as and when required, to regulate consumer crowds, enforce proper queue discipline, and maintain public order with immediate effect. 6. With the above directions, this Writ Petition is disposed of. No costs. 07-08-2026 SMA https://www.mhc.tn.gov.in/judis WP Crl. No. 1695 of 2026 __________ Page14 of 18 To 1. The Principal Secretary Home Department, Government of Tamil Nadu Secretariat, Fort St.George, Chennai - 600009. 2. The Additional Director General of Police (Prohibition Enforcement), DGP Office Campus, Dr.Radhakrishnan Salai, Chennai - 4. 3. The Assistant Director, Directorate of Enforcement (ED), Chennai Zonal Office-II, No.2, 5th and 6th Floor, BSNL Administrative Building, Kushkumar Road, Nungambakkam, Chennai-600 034. 4. The Director, Directorate of Vigilance and Anti-Corruption (DVAC), No.293, MKN Road, Alandur, Chennai - 600 016. 5. The Managing Director Tamil Nadu State Marketing Corporation Limited CMDA Tower-II, IV Floor, Gandhi Irwin Bridge Road, Egmore, Chennai - 600 008. 6. The Senior Regional Manager, TASMAC Limited, Plot No.B4, Industrial Estate, Ambattur, Chennai - 600 053. 7. TASMAC Shop No.211 Through Its Salesman, Paper Mills Road, Perambur, Chennai - 600 011. 8. TASMAC Shop No.294 Through Its Salesman, 29B, Redhils Main Road, Kolathur, Chennai - 600099. 9. TASMAC Shop No.214 Through Its Salesman, 40, Madhavaram High Road, Chennai - 600011. 10.TASMAC Shop No.249 https://www.mhc.tn.gov.in/judis WP Crl. No. 1695 of 2026 __________ Page15 of 18 Through Its Salesman, Strahans Road, Chennai - 600011. 11.TASMAC Shop No.285 Through Its Salesman, No.2 Kumaran Nagar Main Road, Chennai - 600082. 12.TASMAC Shop No.292 Through Its Salesman, 31, Lakshmi Amman Koil Street, Chennai - 600011. 13.TASMAC Shop No.293 Through Its Salesman, S.R.P. Colony, Peper Mills Road, Chennai - 600082. 14.TASMAC Shop No.378 Through Its Salesman, 52/115, Padavattamman Koil Street, Chennai - 600012. 15.TASMAC Shop No.221 Through Its Salesman, Meenambal Salai, Chennai - 600118. 16.TASMAC Shop No.216 Through Its Salesman, 317, Melpatti Ponnappan Street, Perambur, Chennai - 600039. 17.TASMAC Shop No.8701 Through Its Salesman, No.1282, Grand National Trunk Roiad, Jawaharlal Nehru Road, (Ring Road), Madhavaram, Chennai 6000110. 18.TASMAC Shop No.8924 Through Its Salesman, Madhavaam Redhills Road, Madhavaram, Chennai - 600052. 19.TASMAC Shop No.9150 Through Its Salesman, G.N.T. Road, SErvice Road, (Near Ambedkar Nagar / Athur Bridge) Karanodai, Chozhavaram, Chennai 600067. https://www.mhc.tn.gov.in/judis WP Crl. No. 1695 of 2026 __________ Page16 of 18 20.TASMAC Shop No.8727 Through Its Salesman, 1/56 P.H.Road, (Next Sri Balaji Electricals), Vanagaram Chennai 95. 21.TASMAC Shop No.8913 Through Its Salesman, 263 Siva Prakasam Nagar, Redhills Road, Surapet, Chennai - 66. 22.TASMAC Shop No.8841 Through Its Salesman, 466 Kamarajar Salai, Manali, Chennai - 600068. 23.TASMAC Shop No.340 Through Its Salesman, 125, East Seeyalam, Canal Street, Villiwakkam Chennai 600049. 24.TASMAC Shop No.462 Through Its Salesman, 17/3, Jawaharlal Nehru Salai, (100 FT Road), Koyambedu, Chennai - 600 107. 25.TASMAC Shop No.9174 Through Its Salesman, 105/2, Kamarajar Salai, MMDA Mathur, Chennai 68. 26.TASMAC Shop No.111 Through Its Salesman, Door No.15 Sunkuram Chetty Street, Chennai 600001. 27.TASMAC Shop No.169 Through Its Salesman, Door No.77, Wall Tax Road, Chennai - 600003. 28.TASMAC Shop No.387 Through Its Salesman, 81, Perambur Barracks Road, Choolai Chennai 600012. 29.TASMAC Shop No.8938 Through Its Salesman, 8938, Ward D, Block 1, https://www.mhc.tn.gov.in/judis WP Crl. No. 1695 of 2026 __________ Page17 of 18 Servy No.16/10, Nagappa Estate, Kathirvedu, Puzhal, Chennai 66. 30.TASMAC Shop No.9159 Through Its Salesman, MHR Road, (Singam Bar), Vadaparumbakkam, Chennai 60. 31.TASMAC Shop No.441 Through Its Salesman, Shop No.6, Alsa Mall, Red Cross Rd, Egmore, Chennai 600008. 32.TASMAC Shop No.177 Through Its Salesman, No.7/4, SRP Koil Street, Peravallur, (Agaram), Chennai - 600082. 33.TASMAC Shop No.8835 Through Its Salesman, Survey No.31/81, Thandalkalani Kiramam, Swamiyar Maddam, Redhills, Chennai -52. 34.TASMAC Shop No.8858 Through Its Salesman, Ponneri High Road, Katapakkam, Chennai - 600103. 35.TASMAC Shop No.8806 Through Its Salesman, No.3/405, Apollo Armstrong Nagar, Chinna Mathur, Manali, Chennai 68. 36.TASMAC Shop No.8833 Through Its Salesman, Madhavaram High Road, (Opp Central Bank of India) Moolakadi, Chennai 600060. 37.TASMAC Shop No.8798 Through Its Salesman, Somji Bai Nagar, Puzhal Service Road, Kallikuppam Ambattur Chennai - 53. 38. The Public Prosecutor, Madras High Court. https://www.mhc.tn.gov.in/judis WP Crl. No. 1695 of 2026 __________ Page18 of 18 G.K.ILANTHIRAIYAN, J. SMA WP Crl. No. 1695 of 2026 07-08-2026 https://www.mhc.tn.gov.in/judis