The Madras High Court has held that the Tamil Nadu government's decision to permit liquor shops within the limits of municipal corporations, municipalities and town panchayats, regardless of their distance from highways passing through their areas, was not sustainable.
The First Bench, comprising Chief Justice Indira Banerjee and Justice Abdul Quddhose, passed the order on a petition by K Balu of Advocates Forum for Social Justice.
It said the circular issued by the Commissioner of Prohibition and Excise department on September 1, 2017 directing district collectors to permit state-run TASMAC liquor shops to function with immediate effect was not sustainable.
The circular issued was not in accordance with the judgements and/or orders of the Supreme Court, it observed and said that the same would not apply to licensed clubs and hotels.
In its order, the bench said, "In our view, the impugned notice cannot be sustained to the extent it directs the district collectors to permit licensed shops located within the limits of municipal corporations, municipalities and town panchayats to function with immediate effect."
The petitioner submitted that the order of the apex court was misunderstood by the department and without de-notifying of state highways, the order was passed."
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