Move to reclassify highways to open TASMAC shops challenged

When the first bench comprising Chief Justice Indira Banerjee and Justice M Sundar assumed the sitting for the day on Monday, senior counsel P Wilson and advocate K Balu appearing on behalf of DMK and PMK respectively raised the issue about how the state in a bid to reopen the over 3000 liquor shops has proposed to bring such highways under urban local bodies and then allow sale and serving liquor along the municipal roads. 

The bench which agreed to hear the PILs on Tuesday also orally observed as to how a particular stretch of a national and State highway could come under urban local bodies.

However, when the bench suggested that they approach the Supreme Court directly, since the issue is related to violation of the apex court verdict, Wilson pointed out that the circular issued by municipal administration department commissioner was a fresh cause of action and it had to be first tested at the high court. 

As per the Supreme Court ruling banning liquor sale both along and within 500 metres on either side of national and state highways, which took effect on April 1, Tamil Nadu saw closure or relocation of many liquor outlets managed by the state-run TASMAC. 

To circumvent the adverse effects of the order, the municipal administration department commissioner dug out a November 11, 2016 report which recommended that the state bring stretches of national and state highways coming under urban local bodies such as corporations and municipalities under the respective local bodies themselves.

Following the ‘report’, the municipal administration department wrote to local bodies on April 21, asking them to adopt a resolution reclassifying national and state highway within their limits so to bring them under their ‘direct control’. Such resolutions shall be adopted and sent to the government by April 25, the circular said.