S.M. Subramaniam, J.

This batch of Writ petitions have been filed by the citizens, by way of pro bono publico (Public Interest Litigation), questioning the relocation/establishment of the Tamil Nadu State Marketing Corporation Limited', (for short, 'TASMAC Shop') in various localities.

2. Since the issue involved in all these Writ Petitions are one and the same and the relief sought for, are interconnected, they were heard together, and disposed of, vide this common judgment/order.

3. Heard the learned counsels appearing on behalf of the petitioners, Mr.K.Venkata Ramani, learned Additional Advocate General, assisted by Mr.R.Nedunchezian and Mr.John Kennedy, learned counsels for respondent/TASMAC, and Mr.R.Govindasamy, the learned Special Government Pleader and Mr.R.Vijaykumar, the learned Additional Government Pleader for the official respondents, and perused the materials placed on record.

4. Before going into the issue, we deem it appropriate to refer to the constitutional philosophy enunciated in the preamble portion of the Constitution of India, which would run thus:-

“We, the People of India, having solemnly resolved to constitute India into a Sovereign Socialist Secular Democratic Republic and to secure to all its citizens.

Justice, Social, economic and political; ....”

5. Though the above said principle remains as a philosophy of the Constitution, the Articles constituted thereunder, provides separate clauses under Part IV, which enumerates certain Directive Principles of the State Policy. Apropos, it would be apposite to refer to 37, 38 (1) and 47, which are extracted herein below:-

"(37) Application of the principles contained in this Part -

The provisions contained in this part shall not be enforceable by any Court, but the Principles therein laid down are nevertheless fundamental in the governance of the Country and it shall be the duty of the States to apply these principles in making laws.

(38) State to secure a social order for the promotion of welfare of the people - (1)

(1) The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.

and

(47) Duty of the State to raise the level of nutrition and the standard of living and to improve public health -

The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.”

6. Though as per Article 37, the Directive Principles of the State Policy enumerated in Part IV cannot be enforceable by any Court, Article 47 stipulates that the State shall endeavour to bring about prohibition of the consumption of intoxicating drinks and of drugs, since it involves the standard of living of the people and improvement of public health of our citizens. In this context, it would be beneficial to refer to the judgments rendered by the Hon'ble Supreme Court, which are mentioned infra:-

(a) In (P. N. Kaushal Etc vs. Union Of India) reported in (1978) 3 S.C.C. 558, the Hon'ble Supreme Court described the duty of the State, as to how it should regulate the sale of liquor, and to decide as to where the liquor shop has to be located, and the impact of the intake of the liquor, and held in Para No.49 as follows:-

“...The liquor trade is instinct with injury to individual and community and has serious side effects recognized everywhere in every age. Not to control alcohol business is to abdicate the right to rule for the good of the people. Not to canalize the age and sex of the consumers and servers, the hours of sale and cash-and-carry basis, the punctuation and pause in days, to produce partially the 'dry' habit it to fail functionally as a