The central legal point established in the judgment is the mandatory requirement for the authority to consider and dispose of objections/representations filed by residents prior to the establishment or relocation of liquor shops, as per the amended Rule 8(1) of the Tamil Nadu Liquor Retail Vending Rules, 2003.

JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the first respondent to consider and dispose of the petitioner's appeal dated 23.04.2022 on merits within the stipulated time to be fixed by this Court.)

(Prayer: The petitioner claims to be a permanent resident of Kollupalayam, Kaniyur Post, Coimbatore District. His grievance is as against a liquor shop bearing No.1867, which is presently located at Sangothi Palayam, Arasu, Coimbatore and which is proposed to be shifted to a location on the Cochin-Bangalore Highway.)

2. According to the petitioner, while the present location does not pose any hindrance to the public, the area to which it is proposed to be shifted is very close to schools, colleges and private companies and would be in contravention of Rule 8 of the Tamil Nadu Liquor Retail Vending (in Shops and Bars), Rules, 2003 (in short 'Rules'). He, thus, made an appeal before the District Collector on 23.04.2022 objecting to the shifting of the liquor shop to the new location, despite which, he says action is being initiated to continue the shifting process.

3. Mrs.C.Sangamithirai, learned Special Government Pleader accepts notice for R1 and Mr.Sathish, learned Standing Counsel, who accepts notice for R2 would deny the allegation that the shop has been shifted thus far. He would also assure the Court that the process of re-location would be initiated only after, and subject to the decision taken by the District Collector on the appeal/representation filed by the petitioner.

4. At this juncture, I may refer to G.O.Ms.No.17, Home, Prohibition and Excise (VI) Department, dated 13.02.2022. As per which, amending Rule 8(1) of the Rules making it mandatory for any objection/representation filed by a resident to be disposed at the first instance prior to setting up or re-location of liquor shops. The relevant Rule 8(1) as it stands post amendment reads as follows:

'8. Location of shop.- (1) No shop shall be established in Municipal Corporations and Municipalities within a distance of 50(fifty) metres and in other areas 100 (hundred) metres from any place of worship or education institutions:

Provided that the distance restriction shall not apply in areas designated as “Commercial” or “Industrial” by the Development or Town Planning Authorities:

Provided further that no shop shall be established within the premises of any hotel:

Provided also that if any place of worship, educational institution comes into existence subsequent to the establishment of the shop, the provisions of this rule shall not apply:

Provided also that no liquor shops shall be established in any tribal areas covered under Integrated Tribal Development Project and Hill Area Development Project in the Hill area of Vellore, Salem, Namakkal, Dindigul, Tirunelveli and Kanniyakumari districts.'

5. In light of the amendment as noticed above, it becomes incumbent upon the authority to take note of the objection filed by the petitioner, hear the petitioner and thereafter take a decision on whether the liquor shop in question is to be re-located or not.

6. Learned counsel for the petitioner would also bring to the note of the Court the fact that there are other members of the public, who have raised grievances similar to that raised by him. He circulates a copy of media reports citing public objection to the proposed re-location. Let the aforesaid objections be taken note of by the District Collector and a considered order be passed in this regard within a period of eight (8) weeks from today.

7. This writ petition is disposed. No costs.