The right to a peaceful life under Article 21 of the Constitution of India encompasses the protection from nuisances, including the location of liquor shops.

1. Heard both sides.

2. According to the Petitioner, he is the Vice-President of Kadupatti Panchayat and there is a liquor shop running by the Second Respondent Corporation in Vikiramangalam Village for more than a decade. Further, it causes a hindrance to the general public of that Village. Therefore, the entire residents of that Village have indulged in continuous agitations against the continuance of that shop. In order to control the agitation and demonstration by various section of people, the Respondents have decided to shift the TASMAC shop from Vikiramangalam to his Panchayat (Kadupatti Village) and now they are taking steps for shifting and opening the same on 1/10/2014.

3. It comes to be known that the Petitioner and other residents (including Teachers and Merchants) have made joint representation dated 18/9/2014 to the First Respondent in person by making a request not to shift the TASMAC shop from Vikiramangalam to his Village. On receipt of the same, the same was forwarded to P.A. to Collector (General) for further action. On 19/9/2013, another representation was made by a political party viz., Revolutionary Socialist Party to the First Respondent for the same grievance and the same is forwarded to the Second Respondent/District Manager, TASMAC Limited.

4. The stand of the Petitioner is that the entire residents of his Village as well as the other public in general had already decided long time back to keep their Village free from alcohol. Under these circumstances, the proposal of the Respondents to locate the liquor shop in their Panchayat is highly detriment to right and interest of their residents.

5. Further more, the proposed place i.e., in S.Nos.320/2, 320/3C1 to 320/3C4 and 320/6, Kadupatti Village, Vadipatti Taluk, Madurai District belonged to one Kumar, native of Kochadai, Madurai District, who constructed a concrete building meant for shop for the purpose of leasing out to the Second Respondent for running the proposed liquor shop.

6. Also that, in order to ascertain Door number and Survey number of the proposed place, an enquiry was made by the Petitioner in the Office of the Village Administrative Officer, Mullipallam and in reply, he had stated that the construction for the proposed shop is made in the Government poramboke land and not in the land belonging to the said Kumar. As such, the Village Administrative Officer concerned had refused to give permission to the building as on date.

7. The real grievance of the Petitioner is that if the proposed shop is located and commenced its business which will create hindrance to the entire residents such as the students, who are crossing the liquor shop, they may face hardship. Moreover, the agricultural workers particularly women working in the nearby field may face hindrance from the consumer liquor and the worker's work in the nearby coir factory within 100 metres) will face serious consequences. Besides these, most of the consumers of liquor are used to smoke cigarette, beedi etc., while taking liquor and after smoke, the half burnt pieces of cigarette may be thrown into the nearby coir factory which had stored highly flammable raw materials for the production of coir as such, there is a possibility of fire mishap. In fact, the Petitioner's Villagers wanted to keep their Village free from alcohol.

8. Hence the Petitioner has filed the present Writ of Mandamus seeking an order from this Court in forbearing the Respondents from shifting the TASMAC shop No.5488 from Vikiramangalam to Kadupatti Village, Vadipatti Taluk, Madurai District based on his representation dated 18/9/2014.

9. The Learned Counsel for the Petitioner cites the Division Bench judgment of this Court in THE TAMIL NADU STATE MARKETING CORPORATION LTD., REP. BY ITS MANAGING DIRECTOR, CMDA TOWER ? II, CHENNAI Vs. 1. R.M.SHAH AND FIVE OTHERS {2010 (2) CWC 337}, wherein it is observed that

“Right to lead a life without nuisance is protected under Article 21 of the Constitution o