Chennai: Pointing out that the authority to frame rules and legislations are vested with the government and the court cannot interfere in it, unless warranted, the Madras High Court has disposed of a PIL seeking to declare that restrictions under the rules on Tasmac shops should not only apply to educational institutions and places of worship but also to private residential buildings.
A division bench comprising Chief Justice Indira Banerjee and Justice M.Sundar disposed of a PIL filed by G. Kavitha Thirumugam. As per Rule 8 of the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, no shop should be set up in municipal corporations and municipalities within a distance of 50 metres and in other areas 100 metres from any place of worship or educational institutions. Petitioner sought to declare this rule also apply to private residential areas.
The bench said on a perusal of the rules, it was clear that residential areas were not covered by the restrictions. “This court cannot legislate. It was not for the court to amend the subordinate legislation. The object of a statute may be relied upon to interpret the statute when the substantive part of the statute was ambiguous or was capable of more meanings than one”.
“However, when a statutory rule was framed, the object of the law making body was to be ascertained in the rules, which only restricts location of such shops near places of worship and educational institutions. The petitioner does not disclose conservation of the existing Rules, therefore, the court cannot interfere in the government’s authority”, the bench added.
