Ban on highway alcohol: HC stays alleged attempt by TN to reopen liquor shops

A closed TASMAC shop in Chennai as the Supreme Court order banning liquor outlets along National and State Highways took effect on Saturday.

The Madras High Court has temporarily stayed reopening/ establishing liquor outlets along the State highways violating Supreme Court directives in Tamil Nadu. The First Bench of the High Court passed the order a day after the DMK and the Advocates Forum for Social Justice brought the issue to the court.

The Bench comprising the Chief Justice Indira Banerjee and Justice M. Sundar passed the interim orders on the Public Interest Litigation (PIL) petitions moved against the alleged attempt made by the State government to circumvent the Apex Court order preventing alcohol from being sold within 500 metres of a highway road.

"There shall be an interim stay against opening/relocating/establishing liquor outlets along State Highways for three months or till further orders," said the Bench and posted the PILs to July 10 for further hearing.

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The issue pertains to a circular issued by the Commissioner of Municipal Administration dated April 21, directing the officers concerned to pass resolutions to hand over roads belonging to various departments including the State Highways to the respective Corporations/Municipalities. The circular was justified on the ground that it would facilitate easy maintenance of such roads.

Claiming that this is an clear attempt on part of the State government to circumvent the order of the Apex Court senior advocate P. Wilson for DMK and advocate K. Balu for the forum sought the court's intervention.

When the PIL came up for hearing on Tuesday, R. Muthukumaraswamy, advocate general, submitted that the move is made only for administrative purposes and it was initiated in November 2016 itself much before the Supreme Court's order. He added that National Highways would not fall under the purview of the State.

To this, the Bench sought to know whether the advocate general can give an undertaking that liquor shops would not be opened in such roads. As Mr. Muthukumaraswamy said that he has to get instructions from the government, the Bench passed the interim order.

The Bench has also clarified that the government can proceed with the conversion roads, without opening any liquor shops.