MADURAI
A public interest litigation petition has been filed in the Madras High Court Bench here challenging the validity of Rule 8(1) of Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules of 2003, on the ground that ‘there was no intelligible differentia’ in insisting on establishing liquor shops 100 metres away from places of worship and educational institutions in all areas except in corporations and municipalities, where it is sufficient to maintain a distance of 50 metres.
A Division Bench of Justices A. Selvam and N. Authinathan ordered notice to the State Government on the petition filed by P. Prabakaran of Madurai and adjourned further hearing till July 5.
The petitioner claimed that the rule was liable to be struck down since it also stated that the mandatory distance mentioned in it should be maintained only if a place of worship or an educational institution was already in existence at the time of locating a liquor shop and not otherwise.
His counsel S. Anantha Murugan said Rule 8(1) contained many other “unreasonable” provisos, which included that the distance restriction would not apply in areas designated as ‘commercial’ or ‘industrial’ by the town planning authorities.
“I don’t understand how can the State permit liquor shops within 50 metres from schools, colleges and places of worship in corporations and municipalities but insist on maintaining a distance of 100 metres in villages,” he wondered.
