Writ petition challenging the placement of a TASMAC shop alleging violation of Supreme Court orders and Rules regarding distance from highways and places of worship. The Court found no violation of rules and dismissed the petition.
Dismissed; no impugned location of the TASMAC shop was removed or displaced.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05.03.2019 CORAM: THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD
WP.No.16118 of 2017 and WMP No.17409 of 2017
K.Ramadass ... Petitioner
vs.
WRIT Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of mandamus, to direct the respondent to remove or displace the Government owned liquor shop No.6488 (TASMAC) on the Ravuthanpatti Road, Ravuthanpatti Village, Ariyalur.
For Petitioner : Mr.V.Raghavachari
For Respondents : Ms.Jeevitha (for R1 & R5) for Mr.K.Satish Kumar Standing Counsel of TASMAC Mr.Akhil Akbarali (for R2 to R4 & R6) Government Advocate
ORDER
(Order of the Court was made by SUBRAMONIUM PRASAD, J)
The instant Public Interest Litigation, has been filed for a mandamus, directing the respondents to remove or displace the Government owned liquor shop No.6488 (TASMAC) on the Ravuthanpatti Road, Ravuthanpatti Village, Ariyalur.
"4. I submit that TASMAC Shop No.6488 was originally located at Kayarlabath Village. I further submit that in view of the Hon'ble supreme Court's orders dated 15.12.2016 and 31.03.2017 in Civil Appeal Nos.12164-12166 of 2016, no liquour vending shops shall be visible from a National or State Highway and situated within a distance of 500 metres of the outer edge of the National or State Highways or of service lane along the Highway and 200 metres in case of areas comprised in local bodies of 20,000 people or less. As the above Shop No.6488 is located within 500 meters from the National or State Highway, it was decided to relocate the Shop No.6488 to the following address: SF No.146/1A2, Kayarlabath Village, Ariyalur Taluk & District.
worship in respect of Corporation and Municipalities and within 100 metres in respect of other places. The new place is also located 500 metres away from National / State Highway. The 2nd respondent after careful perusal of all the relevant records and facts placed before him, came to an independent conclusion and approved the place as suitable for relocation of TASMAC Shop.
“8. Location of shop:- (1) No shop shall be established in Municipal Corporations and Municipalities within a distance of 50 (fifty) metres and in other areas 100 (hundred) metres from any place of worship or educational institutions: Provided that the distance restriction shall not apply in areas designated as “ Commercial” or “ Industrial” by the Development or Town Planning Authorities:
Provided further that no shop shall be established within the premises of any hotel:
Provided also that if any place of worship, educational institution comes into existence subsequent to the establishment of the shop, the provisions of this rule shall not apply: Provided also that no liquor shops shall be established in any tribal areas covered under Integrated Tribal Development Project and Hill
Area Development Project in the Hill area of Vellore, Salem, Namakkal, Dindigul, Tirunelveli and Kanniyakumari districts.
(2) Every shop shall be housed in a pucka building and no part of the shops shall be thatched either on the sides or on the roof.
(3)The shop shall be in the location approved by the Collector before commencing the business in the shops.
Sd/-
Assistant Registrar (CS-VIII) //True Copy//
Sub Assistant Registrar
ars
To
WP.No.16118 of 2017 and WMP No.17409 of 2017 PM(CO) GN(01/04/2019)
3 issues framed by the court
Whether the proposed location of the Government liquor shop violates the distance norms under Tamil Nadu Liquor Retail Vending Rules, 2003.
Whether the lack of local consensus opposes the setting of the shop within the parameters of the judicial notice.
Whether the location approved with no procedural violation prevents interference under Article 226.
3 provisions across 3 enactments
K.Ramadass
The Tamil Nadu State Marketing Corporation Ltd.
The District Collector, Ariyalur
The Superintendent of Police, Ariyalur
The Thasildhar, Ariyalur
The District Manager, The Tamil Nadu State Marketing Corporation Ltd.
SUBRAMONIUM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
