The Madras High Court has made it clear that resolutions passed in grama sabha cannot be a bar to open a TASMAC liquor shop in the locality.
“Such resolutions banning establishment of liquor shops is of no consequence as the setting up of TASMAC shops is governed by the Tamil Nadu Liquor Retail Vending (In shops and bars) Rules, 2003,” the First Bench headed by Chief Justice Indira Banerjee has said.
The Bench also made it clear that opening such shops in any location cannot be restrained, unless it was in violation of the Rule.
The court made the observations while dismissing a Public Interest Litigation (PIL) petition moved by U. Vignesh a resident of Thiruvallur seeking direction to the authorities to shut down a liquor shop opened in Thadaperrumbakkam village, Ponneri, Thiruvallur.
According to the petitioner, Thadaperrumbakkam village grama sabha had passed a resolution on May 1 against opening of TASMAC shops in the village. Since the resolution prohibited opening these shops in the village, any attempt to set up these shops would be illegal, he contended.
When the PIL came up for hearing, the Bench said that on the face of the averments in the plea, the petitioner had not been able to show infringements in provision of law in running the shop in the village.
To this, the petitioner cited a Division Bench (Madurai) judgement of the court dated November 16, 2016 which observed that the authorities should respect the sentiments and the feelings of the people of the village, and the difficulties experienced by them in such circumstances.
Refusing to concur, the court said, “The particular judgement was rendered having regard to the particular facts of the case. It 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 resolution of grama sabha to that effect.”