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D. KRISHNAKUMAR, R. VIJAYAKUMAR
P. Prabakaran – Appellant
Versus
State of Tamil Nadu, Rep. by its Chief Secretary, Secretariat, St. George Fort, Chennai – Respondent
ORDER :
(D. Krishnakumar, ACJ.) :
(Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Declaration, declaring the words in Rule 8(1) of Tamil Nadu Liquor Retail Vending (in shops and Bars) Rules, 2003 ie., “Municipal Corporations and Municipalities within a distance of 50 (fifty) metres and in other areas” and the words “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” as ultra vires to the Preamble, Articles 14, 15(1), 15(2), 19(1) (d), 21, 21-A, 30(1), 39(f), 45 and 47 of the Constitution of India and contrary to Sections 3, 8, 9 and 29 of the Right of Children to Free and Compulsory Education Act, 2009 and Rule 4 of the Tamil Nadu Right of Children to Free and Compulsory Education Rules, 2011.)
The prayer sought for in this Writ Petition is for a Writ of Declaration, declaring the words in Rule 8(1) of “Tamil Nadu Liquor Retail Vending (in shops and Bars) Rules, 2003” [in short “the Rules”] ie., “Municipal Corporations and Municipalities within a distance of 50 (fifty) metres and in other areas” and the words “provid
The court emphasized the importance of balancing educational rights with regulatory provisions concerning liquor shops.
The court emphasized that compliance with the distance regulations in the Tamil Nadu Liquor Retail Vending Rules is paramount, and public objections must be considered within the legal framework.
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 ....
Compliance with statutory distance regulations for liquor shops from sensitive establishments is essential for public health and must be enforced by state authorities.
Courts cannot interfere with the location of liquor stores based on personal moral objections unless guidelines are completely unreasonable or opposed to public policy.
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