MALLASAMY NACHIMUTHU Vs. DISTRICT COLLECTOR ERODE DISTRICT

JUDGEMENT

(1.) We have heard this public interest litigation which raises a vital issue of social importance laced with moral values relating to opening of liquor vending shops throughout the State of Tamil Nadu. The public interest litigation trumpets a laudable object to be considered by way of judicial intervention on the ground that such vending through liquor shops, which is almost in the hands of State, should not be permitted to be carried out in premises which are being rented out by the fourth respondent without having followed the procedure prescribed by law.

(2.) The petition, when initially entertained, expressed serious concerns about agricultural land having been put to such use which in the opinion of the Division Bench would not be permissible for providing a space to open a liquor shop. We may refer to paragraphs (8) and (9) of the order passed in this petition on 13.2.2019, which are gainfully extracted herein under:

(3.) The matter proceeded thereafter and the Bench after taking notice of certain facts proceeded to implead the fourth respondent and call upon the said respondent to file a counter affidavit. The fourth respondent has filed four counter affidavits during the pendency of this writ petition and has proceeded to carry out an exercise keeping in view the observations made by the Division Bench in the order dated 19.2.2019, followed by the orders dated 20.2.2019, 14.3.2019 and 12.6.2019. The essence of these orders was clearly to the effect that the fourth respondent comes out with the entire facts pertaining to the status of the premises that is being rented by the fourth respondent and also as to whether the liquor vending shops could be lawfully housed in such premises or not. The very foundation, therefore, of the premises for being made available in accordance with the law was investigated and answered by the fourth respondent through its various affidavits that are on record.