(Order of the Court was made by the Hon'ble Chief Justice) In this writ petition, the petitioner has sought a writ of mandamus directing the respondents to close the TASMAC Shop in Survey No.238/2 at Gobi to Kasilingampalayam Road in Pappankulam Village, Sevur Post, Avinashi Taluk, Tiruppur District, on consideration of the petitioner's representation dated 21.8.2017.
2. It is contended that the shop is being set up in contravention of Rule 8 of the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003 (hereinafter referred to as the Vending Rules). The affidavit in support of the writ petition does not disclose any contravention of the Vending Rules.
3. It is stated that Rule 10(5) of the Vending Rules mandates that every shop is bound to have a signboard about the evils of drinking both in Tamil and English.
4. It, however, appears that the TASMAC Shop is yet to be opened and once the shop is opened, the provisions of Rule 10(5) of the Vending Rules regarding signboard may be enforced.
5. On the face of the averments, the TASMAC Shop is within 800 metres of a school, whereas the requisite distance required to be maintained is 50 metres in Municipal Areas and 100 metres in other areas. There is a vague averment that the proposed shop is near Mariamman Temple. There is, however, no whisper of the distance between the Mariamman Temple and the proposed shop.
6. We may agree with the averments in the writ petition with regard to the evil effects of drinking. There can be no doubt that excessive alcohol consumption can lead to problems and destroy health and family life.
7. There can be no dispute with the proposition of law laid down in P.N.Kaushal v. Union of India, reported in (1978) 3 SCC 558. The State certainly has a right to regulate the sale of liquor. However, policy decisions are taken by the State. It is not for this Court to take policy decisions. This Court is only to see whether there is any illegality in the setting up of the TASMAC Shop. The petition does not disclose any contravention of the Vending Rules.
The writ petition is, thus, dismissed. No costs.