Plea in HC seeks to declare liquor rules amendment as illegal and unconstitutional

A public interest litigation petition has been filed in the Madras High Court to declare illegal and unconstitutional an amendment made to the Tamil Nadu Liquor (License and permit) Rules, 1981 on March 18 for issuing special licences to serve liquor to guests during household celebrations, functions and parties, and certain events organised on commercial premises

A public interest litigation petition has been filed in the Madras High Court to declare illegal and unconstitutional an amendment made to the Tamil Nadu Liquor (License and permit) Rules, 1981 on March 18 for issuing special licences to serve liquor to guests during household celebrations, functions and parties, and certain events organised on commercial premises such as conference halls, convention centres, marriage halls, banquet halls and sports stadiums.

Advocates Forum for Social Justice president K. Balu filed the case on the ground that the law-enforcing agency would find it difficult to control the nuisance caused by those who consume liquor if special licences were issued for serving liquor on public and private premises. He urged the court to stay the operation of the amendment till a final decision is made on his plea for a writ of declaration after granting an opportunity to the government to file its counter-affidavit.

In his affidavit, the petitioner claimed that Tamil Nadu was an alcohol-free State till 1971. However, from 2003, the State government began enjoying a monopoly over wholesale as well as retail business of liquor through the Tamil Nadu State Marketing Corporation (Tasmac). “The police, tasked with maintaining law and order, do not raise even a whimper of a protest when Tasmac establishes liquor shops and bars even in residential localities,” he complained.

On the other hand, the police handle those protesting against such liquor shops ruthlessly, he claimed. Recalling that the High Court had elaborately dealt with the evils of liquor consumption in a judgment delivered on May 11, 2017, the litigant said that despite such judicial pronouncements, the government had decided to issue special licences for serving liquor on commercial premises such as marriage halls and even for household celebrations, functions and parties.

Since many marriage halls and banquet halls were situated in residential areas, it would cause a great amount of annoyance to the residents, he said. Pointing out that Tasmac was mandated to maintain a minimum distance between liquor shops and places of worship and educational institutions, he said these stipulations would go for a toss if serving liquor was permitting in convention centres, conference halls, marriage halls, banquet halls and sports stadiums.