R. GOPINATH Vs. DISTRICT COLLECTOR, VIRUDHUNAGAR AND ORS.

JUDGEMENT

(1.) This Public Interest Litigation is all about liquor. Rule 10 of the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003 (hereinafter referred to as ?the Rules?), states that every liquor shop shall have a signboard in Tamil in front of the shop showing the following slogans in bold letters about the evils of drinking and such other slogans, as may be approved by the Commissioner. The said slogan is as follows:

(2.) The petitioner herein, who is a public spirited person and a resident of Maraneri village, has come up with this Public Interest Litigation alleging that the TASMAC Shop No.12080 ruins the atmosphere of a Government High School, where hundreds of students including the girl students are studying. The school, known as Government High School, Maraneri, is situated on Alankulam ? Sivakasi Road at Maraneri. The said school is situated on the west of the said road and on the immediate south of the said school, there is a Match Factory known as Vivekanantha Match Factory. The road turns towards east. In the corner of the said road, i.e., on the southern side, the TASMAC Shop No.12080 is situated. According to the petitioner, the distance between the said shop and the school is only 57.00 meters, whereas, according to the Rules, there should be a minimum distance of at-least 100 meters. Thus, according to the petitioner, the location of the shop violates Rule 8 of the Rules and also violates Article 21 of the Constitution of India, inasmuch as the students, who are studying in the school, cannot study peacefully and they cannot use the road peacefully to go to the school, because of the nuisance caused by the people, who take liquors in the said shop. With this grievance, the petitioner has come up with this Writ Petition, seeking a direction to shift the said shop forthwith.

(3.) This Public Interest Litigation came up for hearing before this Court on 25.08.2015. The petitioner, along with this petition, has filed the photographs showing that the empty liquor bottles and used plastic tumblers have been thrown in the Noon Meal Centre and in the school compound. The petitioner has also produced a plan prepared by one Mr.K.K.Nagarajan, Consulting Engineer and Licensed Surveyor, Sivakasi. The said plan clearly indicates that the distance between the compound wall of the school and the TASMAC shop is hardly 57 meters. In order to ascertain the correctness of the same, this Court directed the Senior Regional Manager, TASMAC Limited, Madurai (4th respondent herein) to appear before this Court in the afternoon session at 2.15 p.m. The matter was passed over. At 2.15 p.m. the Senior Regional Manager, TASMAC Limited, Madurai, appeared before this Court. He submitted to this Court that the distance between the TASMAC shop and the main entrance of the School is 120 meters and thus, the shop has been located in tune with the Rules and not in derogation of the same. He has further submitted that the said shop has been functioning in the said location from the year 2010. Therefore, according to him, there is no violation of the Rules.