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2020 DIGILAW 739 (MAD)

R. Dhanasekaran v. Chief Secretary, Government of Tamil Nadu, Chennai

2020-05-04

PUSHPA SATHYANARAYANA, VINEET KOTHARI

body2020
JUDGMENT (Prayer: Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the second respondent to notify and announce total prohibition of Alcohol, manufacture, sale and consumption in the State.) Dr. Vineet Kothari, J. 1. The Court was held by Video Conference, as per the Resolution of the Full Court dated 30th April 2020, by Judges at the respective residence offices and the counsel, staff of the Court appearing from their respective residences. 2. Heard Mr.M.L.Ravi, learned counsel appearing for the petitioner and Mr.Vijay Narayan, learned Advocate General appearing for the State. 3. The learned counsel for the petitioner urged that the State is likely to re-open the liquor shops and it is not in the interest of the general public. He submitted that due to the prohibition imposed during the lockdown period due to COVID-19, poeple have become accustomed to not taking liquor and that the said practice may continue to save several ills and crimes in the Society and therefore, he seeks a direction to the State to impose complete prohibition on the sale of liquor in the State, referring to Article 47, Part IV of the Constitution of India. 4. The learned Advocate General submitted that the State has enacted its own legislation, namely Madras Sale of Liquor Act, 1937 and thereafter, 2003 Rules have been framed for opening of TASMAC shops to sell liquor. The learned Advocate General said the Act empowers the State to open the liquour shops and carry on the said business and without any basis, the petitioner cannot challenge the same and it is a matter of State Policy and therefore, this Court should not interefere with the same. He further submitted that the people have indulged in the manufacture of illegal liquor, which causes severe health hazard and harm to those who consume such illegally manufactured liquor. 5. Having heard the learned counsel on both sides, this Court is not inclined to interefere with the matter of State Policy of opening or reopening of the State liquor shops at this point of time, since the Central Government has already indicated allowing re-opening of the liquour shops in the present stage of Covid lockdown and the State is likely to take a decision in this regard soon. Further, Article 47 of the Constitution of India is not an enforceable right of the petitioner and therefore, it does not give rise or any cause of action of the petitioner to seek any Mandamus under Article 226 of the Constitution of India. Accordingly, we do not find any merit in the present writ petition. Accordingly, the writ petition is dismissed. No costs.