LAWS(MAD)-2017-12-197

I MOHAMMED RAZVI Vs. DISTRICT COLLECTOR, MADURAI DISTRICT

Decided On December 12, 2017
I Mohammed Razvi Appellant
V/S
DISTRICT COLLECTOR, MADURAI DISTRICT Respondents

JUDGEMENT

(1.) The Government of Tamil Nadu, by taking a policy decision, granted the privilege of retail vending of liquor to the State owned Tamil Nadu State Marketing Corporation (hereinafter referred to as "TASMAC") across the State by adhering to the distance rule from educational institutions and places of worship. Since there is no distance restriction for liquor outlets attached to clubs, those who are close to the power centre opened clubs attached with bar under the pretext that clubs were formed by the members who have subscribed, but in reality, they are all private clubs opened only for running the liquor bars. This is evident by the fact that one such club is functioning just opposite to the main bus stand at Mattuthavani, Madurai, with a welcome board to the general public to visit the bar day and night. When the functioning of these clubs started causing nuisance, the public started agitations. The Writ Petitions before us are all filed by the local people, complaining about the large scale liquor sale day and night by the clubs which are grown out of proportion in the city of Madurai and nearby districts and the nuisance caused to women and children and the neighbouring hospitals, educational institutions and places of worship. The officials of the Excise Department are stated to be in nexus with the highly influential people who are operating the liquor bars attached to the private clubs.

(2.) The Writ Petition is filed in public interest to close the liquor bar in the name and style of "A1 Bar", which is attached to M/s.A1 Recreational Club.

(3.) This Writ Petition is field challenging the order passed by the Licensing Authority under the Tamil Nadu Liquor License and Permit Rule 1981, giving liquor license to M/s.Oorambu Classic Court Sports Club, Kollencode Post, Kanyakumari District.