HC orders closure of Tasmac shop causing nuisance to public
Madurai: It is contradictory for a welfare govt to establish more hospitals on the one hand and simultaneously establish Tasmac shops on the other hand, observed
Madras high court
while directing the authorities to close a Tasmac shop situated in Dindigul district.
The court was hearing a public interest litigation filed by K Kannan. The petitioner stated that a Tasmac shop on Trichy Road in Dindigul, is causing nuisance to the public, especially children using the road to go to schools. Hence, the petitioner moved court seeking to immediately close the shop.
In the counter, the Dindigul district Tasmac manager submitted that the petitioner's claim, is incorrect. The shop is located within the corporation limits, where the prohibited distance is 50m as per Rule 8 of Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003.
However, since the shop is situated in a commercial area, the proviso to Rule 8 of the Rules states that the distance restriction shall not apply.
A division bench of justice S M Subramaniam and justice A D Maria Clete observed that mere adherence to the distance criterion is insufficient when certain mitigating circumstances are raised by an aggrieved citizen. Undoubtedly, a Tasmac shop might cause nuisance to the road users in the locality, particularly to the children during school hours.
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It is the duty of the state to ensure that no such nuisance is caused to the citizens and road users.
The judges observed that Article 47 of the Constitution directs that the state shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties.
"Constitutional philosophy and the directive principles insist that a welfare govt should strive wholeheartedly to enforce prohibition, rather than establish more Tasmac shops which adversely affect public health.
It is contradictory for a welfare govt to establish more hospitals on the one hand and simultaneously establish Tasmac shops on the other. This is not in consonance with Constitutional ethos. When the right to health is a fundamental right, the state must ensure that the prohibition is slowly implemented in a phased manner to reduce harm to public health," the judges observed.
The judges observed that in the present case, the road is used by the children to reach their school and it serves as a direct pathway. Consequently, the Tasmac shop would undoubtedly cause public nuisance to the road users and school children. "The closure of one Tasmac shop would not cause any prejudice but would rather benefit the public at large," the judges observed and directed the authorities to close the shop within two weeks.
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