MADURAI: The Madurai Bench of the Madras High Court recently directed the state government to consider and take a decision within six weeks on a representation made by the De-notified Tribes Welfare Association to Tasmac to prevent sale of liquor to persons who do not have licence to consume liquor.
Justice Krishnan Ramasamy gave the direction on a petition filed by the president of the legal wing of the association, A Gowtham of Theni.
Gowtham stated in the petition that the main objective of the Tamil Nadu Prohibition Act, 1937, is to introduce and extend the prohibition of the manufacture, sale and consumption of intoxicating liquors and drugs, except for medicinal, scientific or industrial purposes, across Tamil Nadu.
Section 4 of the Act prescribes punishment for persons found in an intoxicated state in public spaces, he said. However, misusing Section 17 of the Act, which permits retail selling of liquor, the objective and spirit of the Act has been obliterated by selling liquor to all consumers, he alleged.
Gowtham also cited a judgment passed by a division bench of the high court in January 2023, which suggested the government instruct Tasmac to make possession of alcohol licence mandatory to buy Indian Made Foreign Liquor.
But his petition did not mention the fact that a contempt petition filed the same year over non- implementation of the order was closed by the court after the state submitted that no licensing procedure can be imposed to restrict purchase of alcohol as there is no alcohol prohibition in the state.
Since his representation dated December 8 highlighting the above issue was not considered, Gowtham moved the high court seeking direction to the state to consider and pass a speaking order on his representation.