The liquor shop had been existing for more than 12 years
Madras High Court. (Photo: DC/File)
Chennai: Pointing out that proceedings can be initiated if public nuisance is created and the liquor shop can even be shifted, the Madras high court closed a public interest litigation which sought the closure and removal of a Tasmac shop attached to a bar located on St Mary’s Road, near Mandaveli railway station in the city.
Claiming to be a political activist and a resident of the area, P. Paramasivam filed a PIL to close down a Tasmac shop, alleging that a bar had been constructed by carving out a portion of the road as a small shed. There was a temple visited by women, within 15 metres of the shop where recently, kumbabishekam was performed.
Denying the allegations, S. Muthuraj, counsel for Tasmac, submitted that the rules regulating the minimum distance for locating liquor outlets from educational institutions/places of worship - 50 metres - were being adhered to.
The liquor shop had been existing for more than 12 years and was a private wine shop before Tasmac took over. The temple was 35 metres from the shop; it was a small temple on the roadside, but had been extended about a year ago.
A division bench, comprising Chief Justice Sanjay Kishan Kaul and Justice M. Sathyanarayanan, which heard the matter, said in its order, “The shop was stated to be already existing at the location in question, and the temple had been extended. There is considerable factual controversy and this cannot be resolved in the present petition.”
The bench said as far as the aspect of nuisance was concerned, a division bench of the court has held that proceedings can be initiated under section 133 of the Code of Criminal Procedure if public nuisance was created and the liquor shop can even be shifted in such circumstances. “We thus, close the petition,” the bench added.
( Source : dc correspondent )
Next Story
