Liquor shops can be set up in agri lands subject to conditions

The first bench comprising Justice A P Sahi and Justice Subramonium Prasad, while observing that this PIL which raises a vital issue of social importance laced with moral values relating to opening of liquor vending shops throughout Tamil Nadu, said “We have examined the provisions of the 1937 Act and the 2003 Rules and in view of the disclosures made in the affidavits of the Managing Director, TASMAC. We do not find any such prohibition or restriction of the utilisation of premises established/ constructed over agricultural land for the said purpose.”

“The State government has the power to impose reasonable restrictions that may fall within the scope of Article 19(2) read with 19(6) of the Constitution of India. But, in the present case, while prescribing the location of shops under the 2003 Rules, we do not find any such restriction having been imposed and, therefore, it may not be possible for this Court to imply the existence of any such restrictions regarding liquor vending shops in rented premises situated over agricultural land,” the bench said.

Also, the bench on the recording the submission of the petitioner that vending of liquor is an obnoxious trade and has social and moral dimensions, said “The restrictions placed by law have to be abided by in the strict sense in order to ensure that liquor vending shops are not located in a premise, even if situated over agricultural land, unless an appropriate permission under the law for the time being in force, including a building plan approval exists.”

Further, holding that TASMAC authorities are bound to take measures before finally renting out any premises, the bench directed the government authorities to henceforth ensure that the location of liquor vending shops in rented premises are permitted only by virtue of a valid permission and a building plan approval in accordance with law.”

“It shall be the obligation of the authority concerned to verify the status of both the land and the premises, as to whether they comply with the said conditions or not,” the bench added while closing the petition.

The plea moved by Mallasamy Nachimuthu had sought to direct the Erode district Collector to remove the TASMAC Liquor Retail Vending shop from the agricultural land in Mylambadi Village, Bhavani Taluk, Erode district in accordance with law within a time frame as may be fixed by this Court.