The state-run Tamil Nadu State Marketing Corporation (TASMAC) has informed the Madras High Court that so far about 900 retail liquor vending shops in the state, have been identified as being located within a prohibited area, in violation of government rules.
TASMAC made the submission when the matter came up before the First bench comprising Chief Justice Sanjay Kishan Kaul and Justice R Mahadevan on September 16.
In the affidavit filed by TASMAC, it was mentioned that there were 6,200 retail liquor vending shops in the state, which have been identified and measurements have been carried out as per the Tamil Nadu Survey and Boundaries Act.
The Advocate General also submitted that about 900 shops have been identified, which may be in violation of Rule 8 of the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules.
However, the exercise was incomplete in the sense that there may be some inaccuracy in terms of measurement of the distance, he added and sought time of two more months to complete it and file the compliance report.
Acceding to his request, the bench said, the two months time would be adjusted within the time frame of six months already given to shift the shops located within the prohibited area and posted the matter for November 25 to file the compliance report.
The bench also pointed out that the exemptions to Rule 8, more specifically clause (b), should be looked into closely, as exemption was provided in case educational institutions, places of worship come into existence subsequent to the establishment of the shop.
The matter relates to a PIL filed by social activist A Narayanan to declare Rule 8 (1) of the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules as unconstitutional.
As per the PIL, the rule lays down that "No shop shall be established in Municipal Corporations and Municipalities within a distance of 50 metres and in other areas 100 metres from any place of worship or educational institutions" and adds that "provided that the distance restriction shall not apply in areas designated as "Commercial or Industrial" by the Development and Town Planning Authorities."
Earlier, when the matter came up for hearing in March 2016, TASMAC had sought six months time from the court for collection of data on location of shops by actual measurements and another six months for shifting them, wherever required.
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