MADURAI: The Madurai Bench of Madras High Court has criticised the state government for not taking action against recreation clubs which, backed by political or influential persons, misuse their FL-2 licence and indulge in retail sale of liquor.
A bench of justices SM Subramaniam and G Arul Murugan directed police, registration and prohibition and excise departments to closely monitor the activities and genuinity of all recreation clubs in the state to prevent illegalities and protect the right to life and health of people.
Further, they directed the Inspector General of Registration to ensure that recreation clubs selling liquor have incorporated the activity in their by-laws, failing which their registration should be cancelled.
The court also told the Director General of Police (DGP), who was suo motu impleaded in the case, to instruct police officers to conduct periodical surprise inspections at recreation clubs to verify their activities, licences and documents.
If any illegality is found, the offenders should be prosecuted and the matter should be informed to the registration department, under which the clubs are registered, for appropriate action.
Upon receiving information, the competent authorities should inspect the clubs, check the validity of their FL-2 licences and the conditions stipulated therein, the judges said. The judges passed the order on a batch of petitions filed seeking action against illegal activities taking place in several recreation clubs across Tamil Nadu.
After an elaborate hearing, the judges noted that many private individuals are establishing liquor shops in the name of recreation clubs and selling liquor in retail to members as well as to non-members and residents of the locality, defeating the very purpose of the Tamil Nadu Prohibition Act, 1937.
Though retail vending can only be done by the TASMAC outlets that are owned by the state government, authorities don’t take action against such clubs and remain silent spectators as the clubs are owned by either politicians or influential persons of the locality, the judges observed. Noting that the by-laws of the clubs also do not mention anything about the sale of liquor, the judges said mere incorporation of the word ‘Recreation’ in the by-laws would be insufficient and the recreational activities undertaken by these clubs must be specifically stated in the by-laws, to be approved by the District Registrars under the Tamil Nadu Societies Registration Act, 1975.
The Prohibition and Excise department is also bound to verify the approved by-laws before granting FL-2 licences to these clubs, they added. No FL-2 licence should be granted to clubs which are situated in the prohibited areas like nearby hospitals, educational institutions, religious institutions, etc.