New Delhi: The Tamil Nadu government on Tuesday moved the Supreme Court challenging the order of the Madras High Court directing closure of over 1,500 liquor shops run by TASMAC located near the highways.
Advocate Yogesh Khanna, State counsel, filed the appeal, which is directed against the order dated April 28, and pursuant to this the district collectors closed the liquor shops concerned.
The State said it issued a circular on September 1, 2017 directing the District Collectors to permit all FL1 to FL11 licensed establishments which are located within the limits of Municipal Corporations, Municipalities and Town Panchayats to function with immediate effect. This was done pursuant to the apex court order passed in July 2017 granting permission to the States to grant licences for location of liquor shops near the Municipal Corporation and panchayat limits passing through highways.
The apex court has clarified that its December 2016 order banning liquor shops within 500 meters of national and state highways would not prohibit licensed establishments within Municipal Areas. Further, this Court has held that the said clarification shall govern other municipal areas as well.
This Court considered it appropriate to issue this clarification to set at rest any ambiguity and to obviate repeated recourses to applications being filed.
The State said the High Court failed to see that pursuant to order dated 11.07.2017 the Governments of West Bengal, Delhi, Assam, Karnataka, Kerala and Andhra Pradesh had issued directions whereby the authorities were directed to issue and renew licences for establishment of liquor shops/ bar on Highways that pass within the limits of Municipal Areas i.e. Municipal Corporations, Municipalities and Nagar Panchayats.
The SLP submitted that despite this clarification issued by the apex court, the High Court had quashed the order dated 01.09.2017 permitting renewal of licences for FL1 to FL11 establishments in the Municipal Areas in the State of Tamil Nadu thereby impinging upon the Principle of parity as the other States permit establishment of liquor shops / bars in the Municipal Areas.
The High Court failed to note that in State of Tamil Nadu the sale of liquor vide retail shops are not operated by private parties but are run by the State through TASMAC. Therefore there is complete control by the State over the location of the retail shops / bars.
It must be noted that Rule 8 of Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003 makes it clear that no shop is to be established in Municipal Corporation and Municipalities within a distance of 50 meters from any place of worship or Educational Institution.
The Rule further, states in other areas liquor shops shall not be established 100 meters from any place of worship or Educational Institution. Thus the State of Tamil Nadu is conscious of the location for establishment of liquor shops, the SLP said and prayed for quashing the impugned order and an interim stay of its operation to enable the state to continue to run these shops.
