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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MANINDRA MOHAN SHRIVASTAVA, G.ARUL MURUGAN
S. Nesaprabhu – Appellant
Versus
Commissioner of Prohibition and Excise Prohibition and Excise Department – Respondent
ORDER :
MANINDRA MOHAN SHRIVASTAVA, J.
1. Petitioner challenges the location of TASMAC shop stipulated by the Corporation, which is being run by the sixth respondent as a club under FL2 license, by providing facility of consumption of liquor to its members.
2. The challenge to the location of the club, providing facility of consumption of liquor under FL2 license, is essentially based on the allegation that the bar is situated on the side of the road and therefore, it grossly violates the directions issued by the Supreme Court on 15.12.2016, as subsequently modified vide order dated 31.03.2017.
3. Learned counsel for petitioner would submit that as against the requirement that the building should be situated at a distance of 500 meters from the outer edge of the National or State Highway or of a service lane along the highway and 220 meters in case of village panchayat, the club is just on the brink of the road, which is, admittedly, a State Highway, Palladam to Cochin State Highway (163).
4. On the other hand, learned State counsel would submit that after the direction was issued by this Court, inspection was carried out and it is found that if the route, which is now provided to have
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