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."
"Representations could only have been decided on a case to case basis by the state government taking into account all relevant factors as per the judgements and/or orders of Supreme Court passed in the matter," it added.
The state authorities will have to carry out the exercise of determining if any liquor shop set up or proposed to be set up and/or re-opened was covered by the order of the Supreme Court dated July 11, 2017 on a case to case basis, the bench said.
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."
The authorities had failed to note that the December 15, 2016 order of the top court prohibited grant of licenses for sale of liquor along and in the proximity of national and state highways, including those falling within the limits of municipal corporations, cities, towns or local authorities, the Bench observed.
The petitioner further submitted that the directions of the apex court did not prevent authorities from re-classifying inter-sectoral roads within the city from state highways to major district roads.
The Bench also referred to the apex court judgement dated 23 February, 2018 and said, "The Supreme Court did not waive the prohibition imposed by its judgement to granting licenses for sale of liquor along stretches of national and state highways which fall within the limits of a municipal corporation, city, town or local authority.
Disclaimer: No Business Standard Journalist was involved in creation of this content
