Madras High Court Orders Closure Of Liquor Shop Near School In Tamil Nadu
Chennai:
In a significant judgment, the Madurai Bench of the Madras High Court on Monday (2 June, 2025) ordered the closure of a state-owned liquor shop (TASMAC) located in Dindigul town.
The petitioner, P. Vetrivvel, argued that the liquor shop on Trichy Road was causing a nuisance for children passing through the area on their way to school.
While the petitioner claimed that the school is located within 30 metres of the shop, the government countered that the TASMAC outlet falls within corporation limits, where the minimum required distance is 50 metres.
It also contended that in a commercial area, the prescribed distance restrictions would not apply.
However, the court dismissed the government's arguments and observed that the presence of the TASMAC outlet could indeed cause inconvenience and nuisance to the public, particularly to children during school hours.
The court also stated, "It is contradictory for a welfare government to establish more hospitals on the one hand and simultaneously operate TASMAC shops on the other. This is not in consonance with constitutional ethos."
The bench referred to Article 47 of the Constitution, which mandates the State to improve public health and endeavor to prohibit intoxicating drinks except for medicinal purposes.
"It is a constitutional philosophy and the Directive principles insist that a welfare Government should strive wholeheartedly to enforce prohibition, rather than establish more TASMAC shops which adversely affect public health," court emphasised.
It added, "When the right to health is a fundamental right, the State must ensure that the prohibition is slowly implemented in a phased manner to reduce harm to the public health".
Irrespective of the political divide and the ruling DMK and the opposition AIADMK have been using TASMAC as a cash cow, unmindful of the health impact on consumers. Last year, the Tamil Nadu government earned a revenue of Rs 48,344 crore from TASMAC, an increase of Rs 2,483 crore from the previous year.
Amid demands for prohibition, during her tenure as Chief Minister of Tamil Nadu, Jayalalithaa initiated measures to reduce the number of TASMAC liquor shops. This included announcing the closure of 500 liquor outlets and reducing the business hours of state-run liquor shops. The ruling DMK too had initiated measures to downsize number of shops, but the sale or liquor is only on the rise.
The government argues prohibition is practically difficult to enforce as all neighbouring states sell liquor and a prohibition in this scenario would only nurture illicit liquor. But on the ground this argument many say falls flat as the state witnessed two illicit liquor tragedies killing nearly 80 people over the last few years.
The matter is now listed for reporting compliance on June 18, 2025.
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