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Synopsis

The Madras High Court on Wednesday, July 3, 2024, remarked that "the high time has come to re-think and re-visit the liquor policy of the Tamil Nadu Government," emphasizing that the decision should reflect public opinion as brought up by political parties, NGOs, and other societal groups in the interest of society.

The division bench of Justice R Suresh Kumar and Justice G Arul Murugan said, "Taking of such decision may not be an easy task for the people in the government for variety of reasons. But that would not justify the action on the part of the government to support the liquor policy presently being undertaken, whereby the society, especially the younger generation are put in peril".

Court noted that in the municipal area, the prohibited distance is only 50 meters within which if an educational institution, temple or any place of worship is located, a license cannot be granted for locating the shop or bar whereas the prohibited distance is 100 meters in respect of other areas than the Municipal areas.

It cautioned that while these rules are within the government's discretion, the minimal distance of 50 meters may not adequately protect public welfare, especially children attending schools and institutions.

"If it is the wisdom of the Government to have a Rule like Rule 8, where in the Municipal areas, it is beyond 50 meters of the location of an educational institution and place of worship, such kind of license can be provided being a policy decision, Court would not express any view against such a decision taken by the administrators. But at the same time, in common knowledge one can understand that 50 meters distance is not a vast distance," it said. 

Court highlighted a rising number of cases where local residents, particularly women, oppose the authorities' decisions to establish TASMAC or IMFL shops, citing objections that are often dismissed by authorities on the grounds that they do not violate existing rules. 

Court said that though Rule 8 of “the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003 should prioritize safeguarding public welfare across Tamil Nadu from the disturbances caused by frequent visits to liquor vending shops, which often lead to law and order issues, the rule seems designed to protect TASMAC and IMFL shops, clubs, and bars, thereby promoting the sale of intoxicating substances that could adversely impact society.

The observations were made in a Public Interest Litigation (PIL) filed by one D Prabhu against the establishment of a recreation club and bar in Woraiyur, Trichy district. Court noted that since no Rule had been violated with regard to the locality for the proposed recreation club, except making the abovementioned observations and request, it was not in a position to give any relief to the petitioner in the present.

Accordingly, court dismissed the petition. 

Case Title: D.Prabhu Vs. The Commissioner of Prohibition and Excise, Chepauk and Others