Madras High Court
N.Balachandran vs The District Collector on 7 February, 2019
Bench: S.Manikumar, Subramonium Prasad
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.02.2019
CORAM:
THE HON'BLE MR.JUSTICE S.MANIKUMAR
AND
THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD
WP.No.14734 of 2017
and WMP No.15967 of 2017
N.Balachandran ... Petitioner
vs.
1. The District Collector,
Erode District, Erode.
2. The District Manager,
TASMAC, Bhavani Road,,
R.N.Palayam,
Erode. ... Respondents
WRIT Petition filed under Article 226 of the Constitution of India, praying
for the issuance of a writ of mandamus, forbearing the respondents from
running the TASMAC Shop No.3549 at Kandasamypalayam, Kollankovil
Village, Erode District.
For Petitioner : Mr.C.Prakasam.
For Respondents : Mr.E.Manoharan, (for R1)
Additional Government Pleader
Mr.K.Sathish Kumar (for R2)
Standing counsel
http://www.judis.nic.in
2
ORDER
(Order of the Court was made by S.MANIKUMAR, J) Petitioner has sought for a mandamus forbearing the respondents from running the TASMAC Shop No.3549 at Kandasamypalayam, Kollankovil Village, Erode District.
2. On 02.11.2018, this bench ordered as hereunder:
Instant writ petition has been filed for a writ of mandamus, forbearing the respondents from running TASMAC shop No.3549 at Kandasamypalayam, Kollankovil Village, Erode District.
2. On instructions from the District Manager, TASMAC, Erode/2nd respondent, Mr.K.Sathishkumar, learned counsel for TASMAC ltd submitted that shop is situated in Sivagiri - Vadapalani Road and 3 Kms away from Erode to Muthur State Highway (SH-84A).
He further submitted that location of the above said shop is within the norms stipulated in Rule 8(1) of Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003, framed under Tamil Nadu Prohibition Act, 1937. To that effect, District Manager, TASMAC, Erode, has produced a sketch.
3. Learned counsel for the petitioner seeks for an adjournment.
Post the matter on 09.11.2018."
3. On 12.11.2018, another Hon'ble Division Bench posed certain queries and the same is as under.
http://www.judis.nic.in "Learned counsel for the petitioner seeks some accommodation.
2 Mr.K.Sathish Kumar, learned Standing counsel 3 appearing for the 2nd respondent /TASMAC has invited the attention of this Court to the proceedings of the Collector of Erode District dated 12.09.2018 as well as the counter affidavit dated Nil.2017 and would submit that new the TASMAC shop has been relocated.
3 This Court has considered the rival submissions and also perused the materials placed before it.
4 Since the present writ petition is filed as a Public Interest Litigation and admittedly, it is not an adversary litigation, this Court requires the following particulars in the form of affidavit to be filed by the Managing Director of TASMAC, Chennai.
[a] Whether the places in and around the TASMAC shops are located in a hygienic manner with good sanitary condition ; and [b] In the event of law and order problem on account of the behaviour of the drunkards, steps taken by the TASMAC administration to prevent/abate such kind of nuisance.
5 Call on 28.11.2018.
4. On this day, when the matter is listed for further hearing, Mr.K.Sathish Kumar, learned standing counsel for the TASMAC submitted that Shop No.3549 at Kandasamypalayam, Kollankovil Village, Erode District, was closed on 24.02.2017. Responding to the queries, he has also filed an affidavit dated 08.12.2017 of the Managing Director, Tamilnadu State Marketing Corporation Limited, Chennai and the same is extracted hereunder.
"1. It is submitted that the Hon'ble High Court of Madras, by order dated 12.11.2018 had issued direction to file an affidavit for the queries raised by this Hon'ble Bench.
http://www.judis.nic.in
2. It is submitted that Location of Shop as per Rule 8 of the Tamil Nadu Liquor Retail Vending Rules 2003 is as follows:4
"(1) No shop shall be established in Municipal Corporations and Municipalities within a distance of 50 (fifty) metres and in other areas 100 (hundred) metres from any place of worship or educational institutions:
Provided that the distance restriction shall not apply in areas designated as “ Commercial” or “ Industrial” by the Development or Town Planning Authorities:
Provided further that no shop shall be established within the premises of any hotel:
Provided also that if any place of worship, educational institution comes into existence subsequent to the establishment of the shop, the provisions of this rule shall not apply: Provided also that no liquor shops shall be established in any tribal areas covered under Integrated Tribal Development Project and Hill Area Development Project in the Hill area of Vellore, Salem, Namakkal, Dindigul, Tirunelveli and Kanniyakumari districts.
(2) Every shop shall be housed in a pucka building and no part of the shops shall be thatched either on the sides or on the roof.
(3)The shop shall be in the location approved by the Collector before commencing the business in the shops."
3. It is submitted that Location of Bar as per Rule 10 of the Tamil Nadu Liquor Retail Vending Rules 2003 is as follows:
"10. Location of Bar.—(1) The bar shall lie within the shop or adjoining the shop.
(2) The bar shall have minimum plinth area of ten square metres.
http://www.judis.nic.in 5 (3)Every bar shall be housed in pucka building and no part of the bar shall be thatched either on the sides or on the roof. The bar room shall be sufficiently screened so that consumption of liquor is not visible from outside and shall also be provided with fans. Sufficient number of tables and chairs for the consumers to conveniently sit and consume liquor shall be provided. Such room shall not be used as a club or recreation room or for any other purpose whatsoever. No gambling or any kind of disorderly conduct in the shop shall be permitted.
(4) Facilities such as drinking water and wash basin within the surroundings of each shop premises shall be provided and the shop, its premises and surroundings shall be always kept clean, hygienic and well lit.
(5) Every shop shall have a signboard in Tamil in front of the shop showing the number of the shop and details regarding authorization issued by the Corporation for the shop, the price of liquor in different sizes of bottles sold in the shop shall also be displayed. There shall also be displayed on the signboard the following slogans in bold letters about the evils of drinking and such other slogans as may be approved by the Commissioner. "
4. It is submitted that based on the above, the approval for the location of shops is granted by District Collector and licenses for functioning of bars adjacent to the Retail Vending shop are issued by the District Manager, TASMAC.
5. It is submitted that with regard to Hygiene measures to be adopted by the bar licensees detailed conditions to be followed while running the bar have been issued to all Bar Eatable Contractors. http://www.judis.nic.in (a) The empty bottles lying at the bar should be removed frequently from the bar by the licensee. The empty bottles collected should not be stocked in the bar, 6 failing which the license is liable for the demurrage charges levied by the District Manager. The empty bottles collected from the bar should be disposed off by the licensee on weekly basis without stocking.
(b) Bar should be kept in hygienic condition. Eatable wastes and unwanted things to be cleared than and there in bar and it is the primary duty of the licensee to keep the bar in good condition.
Bar should be kept in clean condition without any pollution.
(c) Sufficient toilet facilities should be made available in the bars.
(d) The toilets need to be cleaned very often at regular intervals.
6. It is submitted that all the Bar Eatable Contractors who have produced FSSAI Certificate to the District Manager are issued license for selling eatables and to collect empty bottles in the bars. All the 1807 bars have obtained FSSAI license. Hence, the bars are subject to inspection by FSSAI authorities.
7. It is submitted that as a part of hygienic measures all the Senior Regional managers and District Managers were directed to do away with one time use of plastic tumblers, water packets w.e.f. 01.01.2019 and to keep a notice board for the awareness of the public not to use those one time use plastic tumblers and water packets vide this Office Circular No.26/2018. Reference No.Q6/8204/2018 dated 25.09.2018.
8. It is submitted that the District Managers were also directed to do away with one time use plastic bags in the TASMAC Retail Vending shops and they were directed to supply cloth bag or jute bags for use in Mall Shops for the use of customers vide this Office Circular No.23/2018, http://www.judis.nic.in Reference No.R3/6866/2018 dated 04.09.2018.
9. It is submitted that all the Senior Regional Managers, District 7 Managers and Depot Managers of TASMAC were directed to carry out the following instructions cited vide this office letter No.14006/Q6/2017 dated 15.10.2018:
(a) The District Managers are instructed to form Dengue fever / other viral fever Prevention teams for each taluk and to inspect all the retail vending shops and the bar attached to the Retail Vending shops in the district. Copy of the proceedings should be sent to the Head office.
(b) The District Managers are directed to conduct meeting and educate the shop personnel and bar eatable contractors to keep the retail vending shops, attached bars and their surrounding areas in clean & hygienic condition.
(c) The Empty Plastic water bottles, Plastic cups, Empty Liquour bottles broken bottles and unused items lying in and around the retail vending shops and bar attached to the shops are to be segregated and disposed immediately.
There should not be any water stagnation on the waste materials, which in turn would lead to breeding of mosquitoes.
(d) The District Managers are directed to instruct the shop personnel to paste the dengue / viral fever awareness posters in the Retail Vending shops and bars attached to the shops.
(e) In case, any of the shop personnel or bar eatable contractors do not follow the instructions given by the Head Office, the District Managers should take immediate action against them and take necessary remedial steps. http://www.judis.nic.in
(f) The Senior Regional Managers are instructed to co- ordinate with the District Managers and also to randomly 8 check the retail vending shops and attached bars in all the district of their region.
(g) The Compliance report along with supporting Photographs should be sent to Head Office on or regular basis without fail.
10. It is humbly submitted that, wherever the shops are located / relocated as per the rules laid down by the Tamil Nadu Liquor Retail Vending (In shops and bars) Rules 2003 and as per the orders of the Hon'ble Supreme Court of india, dated 15.12.2016 and 31.03.2017 and G.O.(Ms.) No.32, dated 21.05.2018 which was upheld by Hon'ble Supreme Court of India vide its order dated 23.05.2018.
All the District Managers were already instructed to strictly adhere to the above guidelines issued by the Hon'ble Supreme Court of India and also the norms laid down in Rule of the Tamil Nadu Liquor Retail Vending (in Shops and Bars0 Rules, 2003. However, it was reported that in certain areas, there have been public objections. In this regard, attention is drawn to the judgment dated 11.05.2017 of the Hon'ble Division Bench of Madras High Court in a batch of writ petitions, wherein the Hon'ble Division Bench has reiterated that the judgments, rendered in Civil appeals stated supra and the conditions enunciated under Rule 8 of the Tamil Nadu Liquour Retail Vending (in shops and Bars) Rules, 2003 shall be strictly adhere to by the State, while relocating the TASMAC shops.
In addition to the above, the Hon'ble Division Bench of the Madras High Court has also directed to consider the objection of the local people of that area in respect of establishment / relocation of TASMAC shops if any, and decision shall be taken in that regard without delay. They have also directed to respond to any resolutions passed by local bodies. http://www.judis.nic.in In this regard, a detailed circular has been issued to the District Managers of TASMAC that if any objection is raised by the people of that 9 area against establishment / relocation of TASMAC shop, the District Manager of TASMAC has to pass suitable orders on the representation at an early date in consultation with the District Collector. hence, all the District Managers are instructed to consider the objection if any, given by the local people and pass suitable orders in consultation with the District Collectors immediately.
Due to public objection, 691 shops were closed by TASMAC since April 2017 onwards while locating / relocating the shops which were closed on the orders of the Hon'ble Supreme Court of India. It is further submitted that the subject matter of the shop No.3421 in the present Writ petition already been closed from 24.02.2017, therefore, the prayer in this writ petition also made as infructuous.
11. It is submitted that action is being taken to install CCTV cameras in 1250 Retail Vending Shops, during the first phase. In the event of installing CCTV the behaviour of the customers who purchase liquor from TASMAC shops and any untoward incidents nearby the shop can be monitored.
12. In view of the above submissions, it is prayed that this Hon'ble Court may be pleased to record the compliance of this respondent and close further proceedings in the petition and thus render justice."
5. Supporting the statements, Managing Director, Tamilnadu State Marketing Corporation Limited, Chennai, has also submitted a typed set of papers containing the government orders and instructions issued by the Managing Director, TASMAC, Chennai, from time to time on the use of bags, http://www.judis.nic.in plastics and preventive measures for Dengue / other viral fever. They are extracted.
10Tamil Nadu State Marketing Corporation Limited CMDA Tower-II, 4th Floor, Egmore, Chennai - 600 008.
Letter No.R3/8540/2017 Dated:19.05.2017 CIRCULAR Sub : TASMAC Ltd., - Relocation of Retail Vending shops in pursuant to the orders of the Hon'ble Supreme Court of India and Hon'ble Division Bench of Madras High Court - Certain guidelines issued - Reg.
Reg : 1. Judgment rendered by the Hon'ble Supreme Court of India in Civil Appeal Nos.12166 of 2016, dated 15.12.2016 and 31.03.2017.
2. Judgment rendered by the Hon'ble Division Bench of Madras High Court, dated 11.05.2017 in Batch of Writ petitions.
3. Legal opinion issued by Thiru.K.Venkataramani, Additional Advocate General No.VII, High Court of Chennai-104, dated 19.05.2017.
********* The immediate attention of all the District Managers, Senior Regional Managers and District Managers are invited to the orders of the Hon'ble Supreme Court, Hon'ble Division Bench of Madras High Court and the legal opinion given by the learned Additional Advocate General-VII, cited above The Hon'ble Supreme Court of India in its order dated 15.12.2016 ha directed that no shop for the sale of liquor shall be, (i) Visible from a National or State Highway (ii) Directly accessible from a National or State Highway, and (iii) situated within a distance of 500 Mtrs. Of the outer edge of the National or State Highway or of a service lane along the Highway.
Subsequently, the Hon'ble Supreme Court of India in its order dated 31.03.2017 has partly modified the above orders stating that in the case of areas comprised any local bodies with a population of http://www.judis.nic.in 20,000 people or less, the distance of 500 Mtrs. shall stand reduced to 220 Mtrs.
All the District Managers were already instructed to strictly 11 adhere to the above guidelines issued by the Hon'ble Supreme Court of India and also the norms laid down in Rule of the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003. However, it was reported that in certain areas, local people are agitating against the relocation of TASMAC shops citing the reason of locating the shops within the residential area, despite the fact that the relocation is within the above said norms. In this regard, attention is drawn to the judgment dated 11.05.2017 of the Hon'ble Division Bench of Madras High Court in a batch of writ petitions, wherein the Hon'ble Division Bench has reiterated that the directions issued by the Hon'ble Supreme Court of India in the judgments, rendered in Civil Appeals stated supra and the conditions enunciated under Rule 8 of the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003 shall be strictly adhere to by the State, while relocating the TASMAC shops.
In addition to the above, the Hon'ble Division Bench of the Madras High Court has also directed to consider the objection of the local people of that area in respect of establishment / relocation of TASMAC shops if any, and decision shall be taken in that regard without delay. They have also directed to respond to any resolutions passed by local bodies. In this regard, the learned Additional Advocate General No.VII, High Court of Madras, Chennai has given legal opinion stating that if any objection is raised by the people of that area against establishment / relocation of TASMAC shop, the District Manager of TASMAC has to pass suitable orders on the representations at an early date in consultation with the District Collector. Hence, all the District Managers are instructed to consider the objection, if any, given by the local people and pass suitable orders in consultation with the District Collectors immediately.
The Hon'ble Division Bench of Madras High Court has also directed that the undertaking given by the Managing Director, TASMAC in the affidavit filed in support of the vacate stay petition in http://www.judis.nic.in connection with writ petition in W.P.No.12152 of 2017 are to be followed which establishing / relocating of the TASMAC shops. For ready reference, Para 13 of the affidavit is reproduced Below:
12"It is submitted that no TASMAC shop was relocated against the Rules and norms enumerated in Rule 8(1) of Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003 by the petitioner. If at all any violation, it should have been brought to the knowledge of the authorities concerned, so that it can be examined and relocated accordingly. It is submitted that at present, many TASMAC shops are functioning smoothly within the residential area without any objection by the people. The relocation process are done by a team of officers under the supervision of the District Collectors. The team of officers are however advised to avoid selecting of places for location of shops in thickly populated areas. Wherever reasonable objections are raised by the public, the District Collectors drop the proposals for locating the shop, So far the District Collectors have cancelled 41 such kind of proposals and have passed orders to further relocate those shops."
In view of the above observation of the Hon'ble Division Bench of Madras High Court in respect of the undertaking given by the Managing Director, TASMAC, all the District Managers are also instructed to strictly adhere to the above undertaking while relocating or establishing any TASMAC shops.
The Senior Regional Managers are instructed to supervise the work of the District Managers in relocating of TASMAC shops. If any deviation is found, stringent disciplinary action will be taken against the District Manager and the Senior Regional Manager concerned.
The receipt of the Circular shall be acknowledged by return of post.
Sd/-. R.Kirlosh Kumar, Managing Director.
To All the District Collectors.
All the Senior Regional Managers, Chennai / Trichy-Coimbatore / Madurai / Salem, TASMAC Ltd., All the District Managers, TASMAC Ltd., http://www.judis.nic.in Copy to:
1. The Additional Chief Secretary to Govt., Home, Prohibition & Excise Dept.
2. The Additional Director General of Police (Enforcement) 13
3. All Commissioner of Police, Chennai / Coimbatore/Salem/Trichy/Madurai/Tirunelveli.
4. All Superintendent of Police.
Forwarded / By Order General Manager (RV) ABSTRACT Prohibition and Excise - Orders of the Hon'ble Supreme Court of India in M.A. Nos.489-494/2018 and other connected MAs / IAs in Civil Appeal Nos.12164-12166 of 2016 dated 23.02.2018 and orders of the Hon'ble Supreme Court of India in Special Leave to Appeal (C) No.11581/2018, dated 14.05.2018 - Guidelines regarding issue of new / renewal of licenses to various establishments under Tamil Nadu Liquor (License and Permit) Rules, 1981 and Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003 - Orders - Issued.
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Home, Prohibition & Excise (VI) Department G.O.(Ms.) No.32 Dated:21.05.2018 tpsk;gp ? itfhrp 07.
jpUts;Stu; Mz;L 2049 Read:
1. Order of the Hon'ble Supreme Court of India, dated 15.12.2016 in Civil Appeal Nos.12164-12166 of 2016.
2. Order of the Hon'ble Supreme Court of India, dated 31.03.2017 in Interlocutory Applications arising out of Civil Appeal Nos.12164-12166 of 2016.
3. Order of the Hon'ble Supreme Court of India, dated 11.07.2017 in Interlocutory Applications arising out of Civil Appeal Nos.12164-12166 of 2016.
4. Legal opinion of the Advocate General of Tamil Nadu, S.B.OPN No.1/AGVN/2017 dated 31.08.2017.
5. Order of the Hon'ble Supreme Court of India, dated 13.11.2017 in http://www.judis.nic.in IA.Nos.1060-1062 of 2017 in Civil Appeal Nos.12164-12166 of 2016.
6. Order of the Hon'ble Supreme Court of India, dated 23.02.2018 in Interlocutory Applications arising out of Civil Appeal Nos.12164-12166 14 of 2016.
7. Order of the Hon'ble First Bench of the Madras High Court dated 28.04.2018 in W.P.No.23974 of 2017.
8. Order of the Hon'ble Supreme Court of India, dated 14.05.2018 in Special Leave to Appeal (C) No.11581/2018.
9. Commissioner of Prohibition and Excise (i/c) Letter No. P&E 2(4)/12740/2016 dated 17.05.2018.
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ORDER:
The Hon'ble Supreme Court of India in its order dated 15.12.2016 in T.P.(C) Nos. 739-741 of 2016 in SLP (Civil) Nos. 12164-
12173 of 2016 issued the following directions:-
(i) All States and Union Territories shall forthwith cease and desist from granting licences for the sale of liquor along National and State highways.
(ii) The prohibition contained in Para 29.1 above shall extend to and include stretches of such highways which fall within the limits of a municipal corporation, city, town or local authority;
(iii)The existing licences which have already been renewed prior to the date of this order shall continue until the term of the licence expires but no later than 1-4-2017;
(iv) All signage and advertisements of the availability of liquor shall be prohibited and existing ones removed forthwith both on National and State highways;
(v) No shop for the sale of liquor shall be (i) visible from a national or State highway; (ii) directly accessible from a national or State highway; and (iii) situated within a distance of 500 m of the outer edge of the national or State highway or of a service lane along the highway.
(vi) All States and Union Territories are mandated to strictly enforce the above directions. The Chief Secretaries and Directors http://www.judis.nic.in General of Police shall within one month chalk out a plan for enforcement in consultation with the State Revenue and Home Departments. Responsibility shall be assigned, inter alia, to District 15 Collectors and Superintendents of Police and other competent authorities. Compliance shall be strictly monitored by calling for fortnightly reports on action taken.
(vii)These directions issue under Article 142 of the Constitution.
2. In a Modification Petition filed by the State of Tamil Nadu, the Hon'ble Supreme Court of India, by order dated 31.03.2017 in IA Nos.4-42 in Civil Appeal Nos. 12164-12166 of 2016 has modified the direction (v) above as follows:
"In the case of areas comprised in local bodies with a population of 20,000 people or less, the distance of 500 metres shall stand reduced to 220 metres".
3. In this connection, in his letter ninth read above, the Commissioner of Prohibition and Excise (i/c) has stated that, pursuant to the directions of the Hon'ble Supreme Court, all District Collectors were instructed to close the FL1, FL2, FL3, FL3A, FL3AA and FL11 licenses located within a distance of 500/220 metres (as the case may be) from the outer edge of National / State Highways / service lane along the highways with effect from 01.04.2017. The compliance reports have also been received in this regard.
4. The Hon'ble Supreme Court of India in SLP (Civil) No.10243 of 2017, by order dated 11.07.2017, has issued further clarifications in this subject at paragraph 7 as follows:-
7. The purpose of the directions contained in the order dated 15 December 2016 is to deal with the sale of liquor along and in proximity of highways properly understood, which provide connectivity between cities, towns and villages. The order does not prohibit licensed establishments within the municipal areas. This clarification shall govern other municipal areas as well. We have considered it appropriate to issue this clarification to set at rest any ambiguity and to obviate repeated recourse to IAs., before the http://www.judis.nic.in Court.
5. In view of the order of the Hon'ble Supreme Court dated 16 11.07.2017 in SLP (Civil) No.10243/2017 and based on the legal opinion received from the Advocate General of Tamil Nadu, appropriate instructions were issued by the Commissioner of Prohibition and Excise to the District Collectors vide letter No.P&E 2(4)/12740/2016, dated 01.09.2017 to permit all FL1 to FL11 licensed establishments which are located within the limits of Municipal Corporations, Municipalities and Town Panchayats to function with immediate effect.
6. In this connection, Thiru.K.Balu, President, Advocates Forum for Social Justice had filed a Writ Petition No.23974/2017 before the Hon'ble High Court of Madras, seeking for issuance of "Writ of Certiorari, calling for the records relating to the impugned letter No.P&E 2(4)/12740/2016, dated 01.09.2017 issued by the Commissioner of Prohibition and Excise and quash the same with an interim prayer to grant an order of interim stay in all further proceedings of the impugned letter dated 01.09.2017. The above matter came up for hearing before the Hon'ble Madras High Court on 15.09.2017. During the course of argument, the Hon'ble Madras High Court has directed not to open any new retail vending liquor shops along the Highways and within such distance from the Highways, prohibited by the orders of Hon'ble Supreme Court dated 31.03.2017 even within Municipal areas. However, it was made clear that there is no bar for the existing shops to function.
7. Subsequently, the Hon'ble Supreme Court by its order dated 13.11.2017, has issued the following clarifications on the clarification petition filed by the Commissioner of Prohibition and Excise:-
"The purpose of the directions contained in the order dated 15 December 2016 is to deal with the sale of liquor along and in proximity of highways properly understood, which provide connectivity between cities, towns and villages. The order does not prohibit licensed establishments within the municipal areas. http://www.judis.nic.in This clarification shall govern other municipal areas as well. We have considered it appropriate to issue this clarification to set at 17 rest any ambiguity and to obviate repeated recourse to IAs., before the Court."
The above observations make it clear that the purport of the judgment dated 15 December 2016 is to prohibit the sale of liquor along and in proximity of highways which provide connectivity between cities, towns and villages. In other words, this will not operate to prohibit licenced establishments within municipal areas. The clarification to the effect that it “shall govern other municipal areas as well” is clearly intended to set the matter at rest in relation to other parts of the country so as to obviate the need for repeated applications before this Court. The expression “other municipal areas” will apply to all municipal areas, wherever situated.
The Interlocutory Applications are accordingly disposed of”
8. Further in the subsequent order of the Hon'ble Supreme Court dated 23.02.2018 on the Interlocutory Applications arising out of Civil Appeal Nos.12164-12166 of 2016, it was observed by the Hon'ble Supreme Court that:
"Having regard to these directions, we are of the view that the state governments would not be precluded from determining whether the principle which has been laid down by this Court in the order dated 11 July 2017 in Arrive Safe Society (supra) should also apply to areas covered by local self- governing bodies and statutory development authorities. We are inclined to allow the state governments to make this determination since it is a question of fact as to whether an area covered by a local self-governing body is proximate to a municipal agglomeration or is sufficiently developed as to warrant the application of the same principle. In deciding as to whether the principle which has been set down in the order dated 11 July 2017 should be extended to a local self-governing body (or statutory development authority) the state governments would take recourse to all relevant circumstances including the nature and http://www.judis.nic.in extent of development in the area and the object underlying the direction prohibiting the sale of liquor on national and the state highways. The use of the expression ‘municipal areas’ in the order 18 dated 11 July 2017 does not prevent the state governments from making that determination and from taking appropriate decisions consistent with the object of the orders passed by this Court. We leave it open to individual licensees to submit their representations to the competent authorities in the state governments if they are so advised upon which appropriate decisions may be taken by the state governments. We have issued this general direction to obviate both litigation before the High Courts and repeated recourse to applications to this Court. "
9. In he meanwhile, the Hon'ble First Bench of the Madras High Court pronounced its judgment on 28.04.2018 on the Writ Petition No.23974/2017 filed by Thiru.K.Balu, President, Advocates Forum for Social Justice as below:
"xxx xxx xxx
18.The Supreme Court, by its order dated 23.2.2018, referred to above, left it open to individual licensees to submit their representations to the competent authorities in the State Governments, which were obviously to be decided on a case to case basis.
19.In our view, the impugned communication is not in accordance with the judgments and/or orders of the Supreme Court, referred to above, insofar as the same directs the District Collectors to permit all F.L.I to F.L.II licensed shops which are located within the limits of Municipal Corporations, Municipalities and Town Panchayats to function with immediate effect. Representations could only have been decided on a case to case basis by the State Government taking into account all relevant factors as per the judgments and/or orders, referred to above.
20.In our view, the clarification that the intent of the order in the State of Tamil Nadu and other v. K.Balu and another, supra, as http://www.judis.nic.in modified in Arrive Safe Society of Chandigarh vs. The Union Territory of Chandigarh and another (supra) was not to prohibit licensed establishments within the municipal areas, would have to 19 harmoniously be interpreted with the bar on liquor shops along stretches of National and State Highways which fall within the limits of a Municipal Corporation, City, Town or Local Authority, and decision in this regard would have to be taken on a case to case basis and would perhaps not apply to licensed clubs and hotels in urban agglomerations which are not easily and/or ordinarily accessible to drivers of motor vehicles.
21.In our view, the impugned notice cannot be sustained to the extent it directs the District Collectors to permit all F.L.I and F.L.II licensed shops which are located within the limits of Municipal Corporations, Municipalities and Town Panchayats to function with immediate effect. The State authorities will have to carry out the exercise of determining if any liquor shop set up or proposed to be set up and/or re-opened was covered by the order of the Supreme Court dated 11.7.2017 in Arrive Safe Society of Chandigarh (supra), on a case to case basis.
22.The Governments would have to take recourse to all relevant factors, including the nature and extent of development in the area and the object underlying the direction prohibiting the sale of liquor on National and State Highways.
The Writ Petition is allowed with the above observations. No Costs. Consequently, WMP Nos.25284 and 25285 of 2017 are closed".
10. The Commissioner of Prohibition and Excise has stated that, as a result of the orders passed by the Hon'ble Madras High Court as stated above, 810 retail vending liquor shops (which were located in proximity to Highways within Municipal areas) were closed immediately. Several licensees located in the Village Panchayats which are proximate to a Municipal agglomeration / developed at par with Municipal areas from various district of the State have submitted representations to the office of the Commissioner of Prohibition and http://www.judis.nic.in Excise requesting to reopen the liquor licenses granted to them.
11. In this connection, the Commissioner of Prohibition and 20 Excise has further stated that the Hon'ble Supreme Court of India in its order dated 23.02.2018 observed that the state Government would not be precluded from determining whether the principle which has been laid down by the Apex Court in the Order dated 11 July 2017 in Arrive Safe Society (Supra) should also apply to areas covered by local self-governing bodies and statutory development authorities. The order allowed the state government to determine the question of fact as to whether an area covered by a local self-governing body or a Statutory Development Authority is proximate to a municipal agglomeration or is sufficiently developed as a warrant the application of the same principle laid down by the Apex Court in its order dated 11 July 2017.
12. The Commissioner of Prohibition and Excise has brought to the notice of the Government that the Government of Kerala, subsequent to the Hon'ble Supreme Court order dated 23.03.2018, has passed orders vide G.O.Ms.No.23/2018/T.D. Department of Tax, dated 16.03.2018 whereby Panchayats having a population of more than 10000 according to the records of the Department of Census / Department of Panchayat can be considered as having urban character and the places declared as tourist zones by the Department of Tax of the Department of Tourism can be considered as having urban character and the places declared as tourist zones by the Department of Tax of the Department of Tourism can be considered as having nature similar to that of cities in the matter of development of infrastructure facilities. Hence, they have passed orders to consider the applications in all those Panchayat having a population of more than 10000 and places declared as tourism zones by the department of Tax or the department of tourism and grant licenses irrespective of the distance from Nation / State Highways.
http://www.judis.nic.in 13. The Commissioner of Prohibition and Excise has also informed that the Government of Maharastra vide its Letter No.BPA- 0817/Pra,Kra.178/State Excise, dated 31.03.2018, have asked the 21 Commissioner Excise, Maharashtra to take action to renew licenses of liquor shops in Village Panchayats (except dry districts) which are situated on or within the distance limits from National an State Highways, specified by the Hon'ble Supreme Court, which satisfy any one of following criteria:
a) Population of the Village Panchayat should be minimum of 5000.
b) If Maharashtra Industrial Development Corporation has developed Industrial estate in that Village Panchayat.
c) International Heritage Tourism places or declared as tourist place by Central or State Govt., (except pilgrimage places).
d) Village Panchayats whose development plan has been approved as per Maharashtra Regional and Town Planning Act, 1966.
14. In this connection, the Commissioner of Prohibition and Excise has suggested that, in order to determine whether a local self- governing body is proximate to a municipal agglomeration, the following may be considered:-
a) As per Section 9A of the Tamil Nadu Town and Country Planning Act, 1971, the Government may by notification establish for the Chennai Metropolitan Planning Area an authority by the name of Chennai Metropolitan Development Authority (this is a Statutory Development Authority), as per Section 10 of the Tamil Nadu Town and Country Planning Act, 1971, the Government may by notification declare their intention to specify any area as a Local / New Town Planning. Area (Statutory Development Authority) after taking into consideration.
1. The population of that area.
2. The development of the area for industrial and commercial purpose;
or http://www.judis.nic.in 3. such other matters as may be prescribed.
Village Panchayats forming part of a Statutory Development Authority are areas which are industrially or commercially developed as per the 22 provisions of the Act as stated above and are close to an urban agglomeration. Hence, those local self-governing bodies which form part of a Statutory Development Authority for which a development plan has been approved as per the provisions contained in the Tamil Nadu Town and Country Planning Act, 1971 can be considered to be sufficiently developed and proximate to an municipal agglomeration also.
b) As per the Census of India 2011, a village Panchayat which satisfies the following criteria is classified as a Census Twon:-
(i) Population exceeds 5000
(ii) Atleast 75% of male main working population is employed outside the agricultural sector.
(iii) Minimum density of population of 400 persons per sq.kms.
These are Panchayats which are not statutorily notified and administered as a town but nevertheless the population has attained urban characteristics. As per the Census 2011, a total of 240 Village Panchayats have been classified as Census Towns.
15. Hence, the Commissioner of Prohibition and Excise has suggested that the following self-governing bodies may be treated at par with municipal areas when applicants submit their applications for new / renewal of licenses for sale of liquor:-
1) Local self-governing bodies forming part of a Statutory Development Authority for which a development plan has been approved as per the provisions contained in the Tamil Nadu Town and Country Planning Act, 1971.
2) Census Towns which are Panchayats that are not statutorily notified and administered as a town but nevertheless the population has attained urban characteristics.
16. The Commissioner of Prohibition and Excise has further informed http://www.judis.nic.in that, as per the Tamil Nadu Liquor (Licence and Permit) Rules, 1981, the following categories of licenses are being issued:-
23F.L.1 License for the grant of privilege of retail sale of bottled Indian-made foreign spirits or sale of foreign liquor F.L.2 License for possession of liquor by a non-proprietary club for supply to Members F.L.3 License for possession of Liquor by the Star Hotels for supply to foreign tourists and foreigners resident in Indian and also citizens of India for consumption within the licensed room of the Hotel or for removal to their private rooms in the same hotel in which they stay for consumption there.
F.L. License for possession of Liquor by hotel run by the 3(A) Tamil Nadu Tourism Development Corporation for supply to persons who actually stay in the hotel for a minimum period of 3 hours for consumption in the rooms of the Hotel.
F.L. License for possession of Liquor by hotel run by a 3(AA) Franchise of the Tamil Nadu Tourism Development Corporation for supply to persons who actually stay in the hotel for a minimum period of 3 hours for consumption in the licensed rooms of the hotel or in their private rooms of the hotel in which they actually stay or in the lawns and appurtenants of that hotel.
F.L.4 License for possession of Liquor by the Manager, Canteen Stores Department (India), Canteen Retail and Bulk issue Depot, Fort St.George, Chennai for supply to military contractors and officers of the military units holding licenses in Form F.L.4(A) (and for export to the Andaman and Nicobar Islands the unit-run canteens of the Armed Forces stationed in the said Islands) F.L. License for possession and sale of liquor by the 4(A) Military Units and Military Personnel and Ex-
servicemen.
F.L.5 License for possession and issue of liquor by the Madras Seamen's Institute / Madras Seamen's Hostel to the Officers Seamen of the Merchant Navy. F.L.6 License for possession and issue of liquor for Scientific Industrial or such like purposes http://www.judis.nic.in F.L.7 License for possession and sale of wine, grape juice or other liquor for sacramental purposes.24
F.L.8 Special license for possession and issue of liquor to International Passengers on abroad the (Aircraft of Air-India, Indian Airlines Limited or other Airlines operating International flights) F.L.9 Special License for possession and issue of liquor including bottled liquor to International Air passengers transiting the Meenambakkam Civil Airport who are required to wait at the Airport transit lounge reserved for such passengers before resuming their journey (and issue of foreign liquor to the foreign diplomats stationed at Chennai F.L.10 Special license for possession of liquor by an approved restaurant and to serve liquor for consumption in the bar of the restaurant to the foreign tourists or foreign residents of India or Indian Citizens during their halt at the airport. F.L.11 License for the grant of privilege of retail sale of foreign liquor.
17. The Commissioner of Prohibition and Excise has further stated that FL1 and FL11 licenses are issued for retail vending of liquor in shops. He has requested the Government to issue instructions to the District Collectors that wherever the shops are located / proposed to be located within the municipal areas (i.e., Municipal Corporations, Municipalities and Town Panchayats) and areas mentioned in Para 15 above, the District Collectors can grant approval for location of the retail vending liquor shops on a case by case basis after causing filed inspection, if they are in accordance with Rule 8 of the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003. They must also ensure that these shops (which are in the highways or within such distance from the highways as laid down by the Hon'ble Supreme Court in its orders dated 15.12.2016 and 31.03.2017) should fall in any one of the following categories:-
a) Where By-passes for Municipal area (i.e., Municipal Corporations, Municipalities and Town Panchayats) and areas mentioned in Para 15 above have been constructed, long distance http://www.judis.nic.in travelers take the by-pass road while commuting from one city/town/village to another city/town/village. Even though by-25
passes have been constructed, the stretches of Highways passing within such areas continue to be classified as Highways for the purpose of maintenance from the maintenance allotment of Government funds. These stretches of roads essentially provide connectivity within the local self-governing body. There are a number of traffic regulations and speed regulations within these areas. In cities, heavy vehicles like trucks are not allowed to enter the city limits during the day time. Hence, wherever by-passes have been constructed for a municipal area (Corporations, Municipalities and Town Panchayats) or an area mentioned in Para 15 above, the roads classified as Highways and passing within such local self-governing body can be considered for location of shops.
b) There are roads classified as Highways which originate and terminate within the limits of a local self-governing body or a Statutory Development Authority. These are shot stretches of road which essentially provide connectivity within the local self-governing body or the Statutory Development Authority. These stretches of road are subject to traffic regulations and speed regulations like any other city/town road. They do not connect one city/town with another city/town. Hence, in a municipal area (Corporations, Municipalities and Town Panchayats) or an area mentioned in Para 15 above, wherever the highways road originates and terminates within the local self-governing body or the statutory development authority, applications for new/renewal of licenses can be considered on these roads.
c) As per G.O.Ms.No.451, Transport Department, dated 12.04.1984, whenever a by-pass is formed or if there is an re- alignment of National Highways, the old National Highways stretches which are abandoned are handed over to the State Highways Department for maintenance and re-classified as State Highways (Urban stretches). These are essentially roads which have been http://www.judis.nic.in abandoned by the National Highways after formation of by-pass/re-
alignment. These roads are of very short length, most of them are below 20 kilomerters. Long distance travelers and heavy vehicles do 26 not use these roads for travel. These roads provide connectivity within a city/town. These roads have been classified as State Highways (Urban stretches) for the purpose of maintenance from the maintenance allotment of State funds. Hence, applications for location of a shop in a State Highways (Unban Stretches) road in a municipal area (Corporations, Municipalities and Town Panchayats) or an area mentioned in Para 15 above can be considered for locations of shops.
d) Areas within a Municipal area (Corporations, Municipalities and Town Panchayats) or an area mentioned in Para 15 above, which are classified as 'Commercial' in an approved Development plan can be considered for grant of licenses, since these are commercial centres and market places essentially catering to the needs of the residents of the nearby areas of the concerned local self-governing body.
18. The Commissioner of Prohibition and Excise has further suggested that, in the case of FL1 and FL11 (retail vending shops) licensees who are not located in a municipal area or an area mentioned in Para 15 above, the distance criteria on/from the Highways, laid down by the Hon'ble Supreme Court in its orders dated 15.12.2016 and 31.03.2017 needs to be followed.
19. The Commissioner of Prohibition and Excise has further stated that, no licenses for sale of liquor are granted in the State of Tamil Nadu for standalone restaurants. Licenses are granted to clubs (FL2) for supply of liquor to members. FL3 is a license for possession of liquor by the Star Hotels for supply to persons for consumption within the licenses room of the Hotel for removal to their private rooms in the same hotel in which they stay, for consumption there, the hotel has to have a minimum of 20 rooms and essentially cater to the requirements of persons staying in these rooms. FL3A and FL3AA are licenses granted to hotels of Tamil Nadu Tourism Development http://www.judis.nic.in Corporation and franchisees of Tamil Nadu Tourism Development Corporation respectively, where there is a condition that liquour should be supplied only to persons staying in the hotels concerned.
27FL4, FL4A and FL5 are licenses granted for supply of liquor to Military Units / Military personnel / Ex.servicemen / Officers of Seamen's Mechant Navy, FL6 is a licence granted for issue of liquor for scientific Industrial or such like purposes. FL7 is a license for sale of wine, grape juice or liquor for sacramental purpose. FL8, FL9 and FL10 are licenses which given for the possession and sale of liquor within an Airport. Hence, for these category of licenses, the Government may issue instructions to the licensing authority to consider the applications from establishments for new / renewal of licenses on a case by case basis as per the Tamil Nadu Liquor (License and Permit) Rules, 1981, if the applications are located within the municipal area or an area mentioned in Para 15 above. In the case of applications from establishments who are not located in a municipal area or an area mentioned in Para 15 above, the distance criteria on / from the Highways, laid down by the Hon'ble Supreme Court in its orders dated 15.12.2016 and 31.03.2017 needs to be follows.
20. The Commissioner of Prohibition and Excise has, therefore, requested the Government to issue orders on his proposal with regard to issue of new / renewal of licenses to various establishments under Tamil Nadu Liquor (License and Permit) Rules, 1981 and the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003.
21. The Government, after careful examination of the request of the Commissioner of Prohibition and Excise at para 20 above, has decided to accept the suggestions of the Commissioner of Prohibition and Excise at paras 15, 17, 18 and 19 above with regard to issue of new / renewal of licenses to various establishments under Tamil Nadu Liquor (License and Permit) Rules, 1981 and the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003 on a case by case basis, and order accordingly.
(BY ORDER OF THE GOVERNOR) NIRANJAN MARDI http://www.judis.nic.in ADDITIONAL CHIEF SECRETARY TO GOVERNMENT "
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RC.No.14006/Q6/2017 Date: 15.10.2018
To
ALL Senior Regional Managers,
ALL District Managers,
ALL Depot Manager,
TASMAC Ltd.,
Sub : TASMAC Ltd., - Retail Vending shops / Bars - Dengue
fever and other viral fever prevention activities - instructions issued - Reg.
Ref : 1) Telephonic message received from the Commissioner of Revenue Administration.
2) Head Office Letter No.14006/Q6/2017 dated 23.10.2017, Circular No.22/2017.
Kind attention invited to the above reference cited.
1. The District Managers are instructed to form Dengue fever / other viral fever Prevention teams for each taluk and to inspect all the retail vending shops and the bar attached to the Retail Vending shops in the district. Copy of the proceedings should be sent to the Head office.
2. The District Managers are directed to conduct meeting and educate the shop personnel and bar eatable contractors to keep the retail vending shops, attached bars and their surrounding areas in clean & hygienic condition.
http://www.judis.nic.in 31
3. The Empty Plastic water bottles, Plastic cups, Empty Liquour bottles broken bottles and unused items lying in and around the retail vending shops and bar attached to the shops are to be segregated and disposed immediately. There should not be any water stagnation on the waste materials, which in turn would lead to breeding of mosquitoes.
4. The District Managers are directed to instruct the shop personnel to paste the dengue / viral fever awareness posters in the Retail Vending shops and bars attached to the shops.
5. In case, any of the shop personnel or bar eatable contractors do not follow the instructions given by the Head Office, the District Managers should take immediate action against them and take necessary remedial steps.
6. The Senior Regional Managers are instructed to co-ordinate with the District Managers and also to randomly check the retail vending shops and attached bars in all the district of their region.
7. The Compliance report along with supporting Photographs should be sent to Head Office on or regular basis without fail.
The receipt of this letter shall be acknowledged by return of post.
(Sd/-) V.Manikandan General Manager (RV) Copy To:
The Commissioner of Revenue Administration, Chepauk,Chennai - 5.
//By Order// Section Officer.
http://www.judis.nic.in
6. Mr.C.Prakasam, learned counsel for the writ petitioner seeks 32 permission to withdraw the writ petition and he has also made an endorsement to that effect.
7. Recording the contents of the affidavit and the steps taken, writ petition is dismissed as withdrawn. No costs. Consequently, the connected Writ Miscellaneous Petition is closed.
(S.M.K., J.) (S.P., J.) 07.02.2019 Index: Yes/No Internet: Yes Speaking/Non speaking ars http://www.judis.nic.in 33 To
1. The District Collector, Erode District, Erode.
2. The District Manager, TASMAC, Bhavani Road,, R.N.Palayam, Erode.
http://www.judis.nic.in 34 S.MANIKUMAR,J.
AND SUBRAMONIUM PRASAD, J.
ars WP.No.14734 of 2017 and WMP No.15967 of 2017 http://www.judis.nic.in 07.02.2019