Chennai: Madras high court has made it clear that bar imposed against opening Tasmac shops through Grama Sabha resolutions is of no consequence, as setting up of such shops are governed by the Tamil Nadu Liquor Retail Vending (in shops and bars) Rules.
A division bench comprising Chief Justice Indira Banerjee and Justice M. Sundar dismissed a PIL from advocate U. Vignesh, who sought a direction to the authorities to close down aTasmac shop at Thadaperrumbakkam village, Ponneri Taluk, Thiruvallur district.
The bench said on the face of the averments in the petition, the petitioner has not been able to show infringements of any provisions of law in running the liquor shop in the village. In the absence of any allegation of contravention of any statutory rule or regulation, interference of court is not warranted, the bench added.
In the petition, it was alleged that there was a Tasmac shop in the vicinity of a government school and private schools and that the village panchayat has passed a resolution in a Grama Sabha held on May 1, 2017 to the effect that no other Tasmac shop should be opened in the village.
“The aforesaid resolution is of no consequence as the setting up of Tasmac shop is governed by the TN liquor retail vending (in shops and bars) Rules. The question is whether there is any violation of the said Rules. The petitioner has not adverted to any specific Rule which has been violated in setting up the Tasmac shop,” the bench added.
It was contended that the Tasmac shop has been opened on a state high way in contravention of the judgment of the Supreme Court.
This, however, was disputed by the additional advocate general and he asserted that the location of the shop in question was not in violation of the order of the Supreme Court. The bench said counsel appearing for the petitioner cited a division bench judgment of this court. This judgment was rendered having regard to the particular facts of the case.
“The judgment is not an authority for the proposition that a liquor shop can in no circumstances be set up if there is an objection from the residents or a resolution of Panchayat Grama Sabha to that effect,” the bench added.
