‘Welfare State Should Prioritise Prohibition': Madras HC Orders Closure Of Liquor Shop Near School
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The petitioner alleged that the shop caused a public nuisance, particularly endangering schoolchildren who frequently use the road to reach nearby educational institutions
The Madurai bench of the Madras High Court (HC) recently directed the closure of a TASMAC liquor shop located at Trichy Road, Dindigul, emphasising that the State, as a welfare government, must strive toward prohibition and not profit at the cost of public health.
The order was passed by a division bench comprising Justice SM Subramaniam and Justice Dr AD Maria Clete in response to a writ petition filed by one K Kannan, who sought the closure of TASMAC shop No.3110.
The petitioner alleged that the shop caused a public nuisance, particularly endangering schoolchildren who frequently use the road to reach nearby educational institutions.
Raising concerns over its location, the petitioner pointed out that the shop stood in proximity to two schools, a church, and a government hospital.
Though the TASMAC authorities argued that the shop was compliant with the prescribed distance of 50 metres under the Tamil Nadu Liquor Retail Vending Rules, 2003, the court found this argument insufficient.
The bench noted that mere adherence to technical distance norms cannot override legitimate public health and safety concerns.
'The TASMAC shop would undoubtedly cause public nuisance to the road users, children attending the School and persons going to Church etc.," court noted.
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".
Accordingly, finding merit in the petitioner's concerns and concluding that no prejudice would be caused by shutting down the shop, the high court directed the respondents—including the TASMAC Managing Director and Dindigul District Collector—to close the shop within two weeks from the receipt of the order.
The matter is now listed for reporting compliance on June 18.
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