Madras HC Rejects Plea To Shut TASMAC Shop, Finds No Violation Of 220m Highway-Distance Limit

The petitioner, describing the petition as a public-interest litigation, sought a mandamus directing the respondents to close TASMAC Shop No. 8163, located on agricultural land in Survey No. 127/7, Avidanallavijayapuram Village, by considering his representation dated 13 January 2022.

He alleged that the shop was within 150 metres of a State Highway, contrary to Rule 8(1) of the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003.

The fourth respondent disputed this, stating that the highway was 253 metres away and that the applicable prohibited distance was 220 metres; it also stated that the shop had been relocated after permission was granted.

The Court considered Rule 8(1) of the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003, which was invoked in relation to restrictions on the location of liquor shops.

The respondents relied on a 220-metre prohibited-distance requirement said to arise from directions issued by the Supreme Court.

The petitioner’s claim rested on the allegation that the shop was only 150 metres from the highway. The fourth respondent stated that it was 253 metres away, beyond the asserted 220-metre prohibited distance, and the Court accepted the counter-affidavit and the submission made on the respondent’s behalf.

On that basis, the Court found no violation in the shop’s location under Rule 8(1), so the asserted ground for closure and mandamus was not established.

It made no order as to costs and closed the connected miscellaneous petition.