Sale of alcohol at sports events: Madras high court stays amendments made to TN liquor permit rules

CHENNAI: The Madras high court on Wednesday stayed the operation of amendments made by the Tamil Nadu government to its liquor permit rules. The amendments were made to allow serving of alcohol at sports events and national and international conventions.
A division bench of Justice S Vaidyanathan and Justice R Kalaimathi passed the interim order while admitting a plea moved by PMK lawyer K Balu challenging the amendments made to the Tamil Nadu Liquor (Licence and Permit) Rules, 1981.
Through the amendments, the state introduced a special liquor licence FL-12 permitting serving of alcohol at marriage halls and during international and national conventions and sports events.
However, due to opposition from the public and political parties, the state recalled the GO to permit liquor at marriage halls and clarified that it would be permitted only at national/international conventions and sports events.
When the plea came up for hearing, advocate general R Shunmugasundaram submitted that the plea had become infructuous since the GO had been withdrawn.
Opposing the same, advocate M R Jothimanian for the petitioner informed the court that he had challenged the amendments made to the rules in its entirety and not only the GO that has now been withdrawn.
Concurring with his submission, the bench passed the interim order and observed that the operation of the amendments made to the rules should be kept in abeyance till further orders and adjourned the hearing to June 14.
According to Balu, who is also the president of Advocates Forum for Social Justice, the Tamil Nadu Liquor (License and Permit) Rules, 1981 has been amended by the government without any application of mind and also ignored the interest and will of the public.
It is pertinent to note that the amendment to the rules does not consider the grievances of the public at large and, therefore, they are liable to be subjected under judicial review, the petitioner said.
Pointing out Article 47 of the Constitution, the petitioner said, “It clearly indicates that the government can be permitted to serve alcohol only for limited purposes.”
But the latest amendment permits to serve alcohol in public places by causing nuisance on occasions like marriage, sports functions, birthday celebrations and other socially important functions, he said.
Therefore, it must be construed that the object of the very amendment is itself to destroy the discipline in social life and disturb the social harmony and cohesive family culture, which is unique to Tamil culture, the petitioner said.
This apart, the distance and other restrictions imposed in the liquor vending rules to open a liquor shop does not apply to the newly introduced FL 12 special licence and, therefore, it provides a further way to establish more liquor shops near educational institutions or places of worship, he added.