Gram Sabha resolution cannot stop TASMAC shops’ installation: High Court

Dismissing a PIL seeking for a direction to permanently close a TASMAC shop at Thadaperumpakkam village in Ponneri, which was opened despite a Gram Sabha resolution being passed against it, the first Bench, comprising Chief Justice Indira Banerjee and Justice M Sundar, said, “The petitioner has not been able to show infringements of any provision of law in running the liquor shop in the village of the petitioner. 

In the absence of any allegation of contravention of any statutory rule or regulation, interference of this court is not warranted.” 

Also, observing that the November 16, 2016 judgment delivered by a division bench that no liquor shop can be set up if residents object to it was rendered having regard to the particular facts of the case, the bench held, “The judgment is not an authority for the proposition that a liquor shop can in no circumstances be set up if there is an objection from the residents or a resolution of Panchayat Gram Sabha to that effect.” 

The bench also noted that the Gram Sabha resolution is of no consequence as the setting up of TASMAC shops is governed by the Tamil Nadu Liquor Retail Vending (In shops and bars) Rules, 2003. 

The petitioner U Vignesh had submitted that despite a Gram Sabha resolution being passed on May 1 that no TASMAC should be set up in the village, a TASMAC shop was opened on May 8. But following a protest, the Tahsildar, Ponneri Taluk, sealed the shop on May 13. But it was opened again on May 25, with police protection. 

He also claimed that the TASMAC shop has been opened on a State Highway in contravention of the Supreme Court judgment. However, the bench in its order also held that if the shop is set in violation of the orders of the Supreme Court, the petitioner has his remedy of initiation of contempt proceedings in the Supreme Court.