It is high time for Tamil Nadu government to rethink and reconsider its liquor policy for the welfare of people, says HC

Coming across a number of Public Interest Litigation (PIL) petitions filed by persons opposing setting up of Tasmac shops or recreational clubs in their localities, the Madras High Court held that it was high time for the Tamil Nadu Government to reconsider and revise its liquor policy for the welfare of the people.

A Division Bench of R. Suresh Kumar and G. Arul Murugan observed that Rule 8(1) of the Tamil Nadu Retail Sale of Liquors (Shops and Bars) Rules, 2003 provides that no liquor shop shall be set up within the premises of Municipal Corporations and Municipalities within 50 metres or in other areas within 100 metres of a place of religious worship or an educational institution.

The court observed that the rule-making is the exclusive domain of the government and is a political decision. The court would not express any views against the decision taken. However, at the same time, it is common knowledge that a distance of 50 meters is not a huge distance.

If a place of worship or an educational institution is located 51 or 52 metres away from a Tasmac shop or a liquor outlet, the administration takes a decision that it will not harm the public in that location, including children, in any way. If that is the logic or decision taken, people may take a different view, the court observed.

The court noted that recently, there have been frequent instances of residents of a particular locality opposing the government’s move to build Tasmac shops or obtain a license to sell liquor. In response to the objections raised by the public, especially women, the government said that it was not in accordance with the Bye-laws, which means that the Bye-laws were not violated.

The rules, especially Rule 8 of 2003, should have been created to protect the welfare of the people. However, it seems that they have been created to protect Tasmac shops, bars and clubs. It is high time the government reconsiders and reconsiders its liquor policy based on public opinion for the welfare of the people, especially the younger generation, the court observed.

Taking such a decision may not be an easy task for many reasons. However, it would not justify the government’s action in supporting the current alcohol policy, which is putting the public, especially the younger generation, at risk as such cases are reported almost on a daily basis, the court observed.

The Court was hearing a petition filed by D. Prabhu of Tiruchi seeking an injunction restraining the authorities from setting up a recreational club at Woraiyur in Tiruchi. No provision has been violated. Apart from filing these observations and application, we are unable to grant any relief to the petitioner, the Court observed and dismissed the petition.