CHENNAI: The Madras High Court has permitted TASMAC to locate a retail liquor vending shop on agricultural land at Mylambadi in Erode district. The bench of Chief Justice AP Sahi and Justice Subramonium Prasad gave the green signal on December 6 while disposing of a PIL petition from one Mallasamy Nachimuthu, who prayed for a directive to Erode Collector and others to consider his representation sent early this year against location of the shop on agricultural land.
Though the bench opined that the PIL had raised a vital issue of social importance laced with moral values relating to opening of liquor vending shops and trumpets a laudable object to be considered by way of judicial intervention on the ground that such vending through liquor shops, which is almost in the hands of the State, should not be permitted in premises which are being rented out by Tasmac, without having followed the procedure prescribed by law, it granted the permission as there was no prohibition in the rules.
The bench said it had examined the provisions of Tamil Nadu Prohibition Act, 1937 and the 2003 rules and in view of the disclosures made in the affidavits of Tasmac MD, it did not find any such prohibition or restriction on utilisation of the premises established or constructed over agricultural land for the said purpose.
The State has the power to impose reasonable restrictions that may fall within the scope of Article 19(2) read with 19(6) of the Constitution. But, in the present case, while prescribing location of shops under 2003 Rules, the judges said they do not find any such restriction and, therefore, it may not be possible to imply existence of any such restrictions regarding liquor vending shops in rented premises in agricultural land.
“We are, therefore, of the clear opinion that a liquor vending shop can be housed in premises that may be situated over an agricultural piece of land,” bench said.