The Madras High Court on Monday refused to entertain a public interest litigation petition filed against a Government Order (G.O.) issued on May 21 permitting Collectors across the State to grant licences for retail vending of liquor in shops on a case-by-case basis after conducting field inspections and by strictly following the provisions of Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules of 2003.
The first Division Bench of Chief Justice Indira Banerjee and Justice P.T. Asha said it was not inclined to admit the case since the Supreme Court was seized of a connected case. K. Balu, president of Advocates Forum for Social Justice, filed the PIL petition accusing the State government of attempting to frustrate the restrictions imposed by the Supreme Court as well as the High Court on permitting liquor shops near highways. The petitioner pointed out that through the G.O. the government accepted a proposal sent by the Commissioner of Prohibition and Excise to treat local self-governing bodies, forming part of a statutory development authority for which a development plan had been approved as per the Town and Country Planning Act of 1971, to be treated on par with municipal areas for the issue of licence to establish liquor shops.
A similar municipal area status had been accorded to panchayats, which were statutorily not notified and administered as a town but whose population had nevertheless attained urban characteristics. The G.O. further stated that there was no impediment in granting licence for liquor shops along highways passing through municipal areas, because in cities heavy vehicles such as trucks were not allowed to enter the city limits during day time.
It was also stated that there was no impediment in granting licence for liquor shops on old national highway stretches which had been abandoned and handed over to the State highways department for maintenance. The Supreme Court imposed distance criteria of 500 metres from highways need to be followed only in case of establishing the liquor shops in highways that were not passing through the municipal areas, the G.O. added.
