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2013 Supreme(Mad) 2824
In the High Court of Madras (Madurai Bench)
N. Paul Vasanthakumar and P. Devadass, JJ.
G. Kanaga Bai, D/o. Israel, Mankuzhy Veedu, Adaikakuzhi, Kanyakumari District - Petitioner;
Versus
The District Collector, Kanyakumari District and others - Respondents.
W.P.(MD) No. 11992 of 2013 and M.P.(MD) No. 1 of 2013
Decided on : August 6, 2013
K. Vinayagan, Advocate for Petitioner.
R. Velmurugan, Government Advocate for Respondent Nos. 1 & 2; M. Muniyasamy, Advocate for Respondent Nos. 3 to 5.
The central legal point established in the judgment is the duty of the State to reconcile its needs with the rights of citizens, particularly in the context of regulating liquor sales and respecting the sentiments and views of the local community.
Headnote:
TASMAC Shop - Public Interest Litigation - P.N. Kaushal v. Union of India, 1978 (3) SCC 558, N. Nagendra Rao & Co. v. State of Andhra Pradesh, 1994 (6) SCC 205, Article 47 and 21 of the Constitution of India, Tamil Nadu Liquor Retail Vending [in Shops and Bars] Rules, 2003 - The court discussed the right of the State to regulate the sale of liquor, the duty of the officials to reconcile the needs of the State with the rights of the citizens, the mandate of the State to improve public health, and the protection of life and personal liberty. The court also highlighted the villagers' rights to express their views on the establishment of liquor shops and the authorities' obligation to respect their sentiments and views.
Fact of the Case:
The Petitioner filed a Public Interest Litigation to direct the removal of a TASMAC Shop from a specific location, citing opposition from the local community and concerns about its proximity to educational institutions and religious places.
Finding of the Court:
The court found that the establishment of the TASMAC Shop disregarded the resolution passed by the Village Panchayat and posed potential risks to the rights and safety of the local community, especially women and children.
Issues: The issues revolved around the rights of the State to regulate liquor sales, the duty of officials to reconcile the needs of the State with the rights of citizens, and the villagers' right to express their views on the establishment of liquor shops.
Ratio Decidendi: The court emphasized the importance of respecting the sentiments and views of the local community, the duty of the State to improve public health, and the protection of fundamental rights, particularly the right to a healthy environment and freedom of movement.
Final Decision: The Writ Petition was allowed, and the establishment of the TASMAC Shop was disallowed.
N. Paul Vasanthakumar, J.
The Petitioner has filed this Public Interest Litigation, seeking to direct the Respondents to remove the TASMAC Shop No. 4823 from the building in S. No. 8-1A1B at Sangurutti Village, Adaikkakuzhi, Vilavancode Taluk, Kanyakumari District.
2. According to the Petitioner, she is the District Committee Member of Communist Party of India (Marxist) and the State Committee Member of All India Democratic Womens Association and at present, she is the Board Member of Methukummal Primary Agricultural Co-operative Bank. The First Respondent issued permission to function a TASMAC Shop at Door No. 3/43-F, Padasalai to Kollankodu Sangurity, which is located in Adaikakuzhi Village Panchayat. On 12.7.2013, the Adaikakuzhi Village Panchayat passed a Resolution No. 58, opposing the opening of the TASMAC Shop in the said place. The Action Committee also met Respondent Nos. 1 & 2 on 12.7.2013 and submitted a detailed representation. The Headmistress of St. Thomas M.S.C. Middle School, Mankuzhi also gave a representation on 12.7.2013 to the First Respondent. The Principal of Saraswathy College of Nursing, Karode, Uchakkada also gave his objection on 12.7.2013. The local Member of Tamil Nadu Legislative Assembly namely Thiru. John Jacob, along with different political party members conducted protest/Dharna opposing the opening of TASMAC Shop on 17.7.2013, which was reported in Daily Thanthi newspaper Nagercoil Edition dated 18.7.2013. Despite the agitation and representation, the TASMAC Shop was opened in S. No. 8-1A1B in Sankurutti Village, Adaikakuzhy Post, Vilavancode Taluk, Kanyakumari District. The said shop is located very near to Sankurutti bus stand and from there within 80 metres, St. Thomas M.S.C. Middle School is situated and the adjacent way is meant for entering Pookkuli Boothanathan Temple and within 50 metres Shrine Catholic Church and CSI Church are situated. Further, one Nursing College viz., Saraswathy College of Nursing is situated within the radius of 90 metres, where 350 girls are studying.
3. It is stated by the Respondents that as per the order of this Court, Shop No. 4823 which was located in NH 45 at Padanthalumoodu was shifted and is now located at S. No. 8-1A1B in Sankurutti Village, Adaikkakuzhi Post, Vilavancode Taluk, Kanyakumari District.
4. The learned Counsel appearing for the Petitioner during the course of arguments submitted that in spite of agitation and representation made by the public, the TASMAC shop, which was originally ordered to be closed was again re-opened with Police protection. He further submitted that even today, sale is effected in the said TASMAC shop with Police protection.
5. When the Writ Petition was posted for admission on 25.7.2013, Mr. M. Muniasamy, learned Standing Counsel, was directed to take notice on behalf of Respondent Nos. 3 to 5 and get instructions. Today, the learned Standing Counsel produced the written instructions given by the Fourth Respondent dated 6.8.2013, wherein it is stated that due to public agitation, the TASMAC shop was closed on 10.5.2013, even though the same was opened only on 9.5.2013. He further submitted that no temple or educational institution or Hospital is located within 100 metre radius of the said TASMAC shop and the said shop is being run without hindrance to the general public and following the relevant Rules.
6. We have considered the rival submissions and perused the relevant papers.
7. From the records, it is seen that on 12.7.2013, the Adaikakuzhi Village Panchayat passed Resolution No. 58, resolving that the District Collector should not grant permission for opening any Liquor Shop. The action Committee also met Respondent Nos. 1 & 2 on 12.7.2013 and submitted a representation opposing the location of the TASMAC Shop. Despite the resolution and representation, the TASMAC Shop was opened in S. No. 8-1A1B in Sankurutti Village, Adaikakuzhy Post, Vilavancode Taluk, Kanyakumari District. Further, in the Affidavit file
