IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.12.2019 CORAM :

THE HON'BLE MR.A.P.SAHI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD W.P.No.4136 of 2019 Mallasamy Nachimuthu .. Petitioner Vs

1 The District Collector Erode District, Erode.

2 The General Manager TASMAC, Main Roads Mylambadi, Bhavani Taluk Erode District. 3 N.Sasikala

4 The Managing Director TASMAC, CMDA Tower 2

4th Floor, Gandhi Irwin Bridge Road Egmore, Chennai - 8. .. Respondents (R4 impleaded vide order dated 13.2.2019)

PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the first respondent to consider the representation dated 21.1.2019 made by the petitioner and the villagers of Mylambadi Village, Bhavani Taluk, Erode District to the first respondent and to take action to remove the TASMAC Liquor Retail Vending shop from the agricultural land in S.No.718/1, Mylambadi Village, Bhavani Taluk, Erode District in accordance with law within a time frame as may be fixed by this Court.

For Petitioner : Mr.P.Rajan For Respondents : Mr.R.Udayakumar Addl. Government Pleader for 1^st respondent Mr.K.Sathishkumar Standing Counsel for respondents 2 and 4 Mr.Naveen Kumar Murthi for 3^rd respondent ORDER (Order of the Court was made by The Hon'ble Chief Justice)

We have heard this public interest litigation which raises a vital issue of social importance laced with moral values relating to opening of liquor vending shops throughout the State of Tamil Nadu. The public interest litigation trumpets a laudable object to be considered by way of judicial intervention on the ground that such vending through liquor shops, which is almost in the hands of State, should not be permitted to be carried out in premises which are being rented out by the fourth respondent without having followed the procedure prescribed by law.

2. The petition, when initially entertained, expressed serious concerns about agricultural land having been put to such use which in the opinion of the Division Bench would not be permissible for providing a space to open a liquor shop. We may refer to paragraphs (8) and (9) of the order passed in this petition on 13.2.2019, which are gainfully extracted herein under:

“8. Sanctity of a place which gives food, justice (courts), health (hospitals), worship (Temple/mosque/ church), education (schools, colleges or universities) and such other places are to be preserved for that purpose and should not be used for commercial purpose or for earning revenue. Agricultural field is a place worshipped by farmers and to be respected and not to be used for earning revenue through liquor. For the mere sake of earning money, one may come forward with an offer to provide space, like that of the instant case, an agricultural field. Tomorrow one who owns a marriage hall may come forward to provide space for a liquor shop inside the marriage hall. A society or an association, who owns vast extents of agricultural lands and at the same time, to earn more money may come forward to provide space for a liquor shop, but it should be the endeavour of the Government, to ensure that people are provided with more employment opportunities than providing more places for drinking, even in the midst of agricultural fields. 9. At this juncture, we are reminded of a proverb “You can lead a horse to water, but you can't make him drink”. Now, the action of the District Collector, Erode and General Manager, TASMAC, to make the people drink, but from the IMFL shop in the agricultural field, which is a place gives us food, cannot be approved. Third respondent is only a space provider, in other words, a lessee to whom the respondents 1 and 2 have to pay rent. Prima facie, we have not approved the action of the respondents 1 and 2 in locating IMFL shop in an agricultural field. Instead of directing the respondents to consider the representation dated 21/1/2019 and to take action to remove TASMAC shop, we deem it fit that the petitione