Madras High Court
S.K.Varadharajan vs The Commissioner Of Prohibition on 24 October, 2025
Author: C.Saravanan
Bench: C.Saravanan
W.P.No.27330 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.10.2025
CORAM :
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.27330 of 2025
S.K.Varadharajan ... Petitioner
Vs.
1. The Commissioner of Prohibition
and Excise Department,
Kadaperi, Tambaram,
Tamil Nadu,
Chennai – 600 075.
2. The District Collector,
Thiruvallur District,
Tamil Nadu.
3. The Managing Director,
Tamil Nadu State
Marketing Corporation Limited,
Chennai – 600 008.
4. The General Manager,(GM)
For TASMAC (Tamil Nadu State
Marketing Corporation Limited)
CMDA Tower-II, 4th Floor,
Egmore,
Chennai – 600 008.
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W.P.No.27330 of 2025
5. The District Manager,
Tamil Nadu State Marketing Corporation
Limited,
Kakkalur, Thiruvallur District,
Tamil Nadu – 602 003.
6. The Tahsildar,
Kakkalur, Thiruvallur District,
Tamil Nadu – 602 003.
7. The Inspector of Police,
Redhills Police Station,
Thiruvallur District.
8. The Inspector of Police,
Prohibition of Enforcement Wing,
Ponneri. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, for
issuance of a Writ of Mandamus, directing the 2nd respondent to closure,
cancellation of license, or relocation of TASMAC Shop No.9176 located at
No.26, GNT Road, M.A.Nagar, Padinallur, Chennai – 600 052, in
accordance with law to consider and pass appropriate orders based on the
petitioner's representation dated 16.07.2025 and the Hon'ble Supreme Court's
directions in (2017) 2 SCC 281 and pass such further or other orders as this
Hon'ble Court may deem fit and proper in the facts and circumstances of the
case.
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W.P.No.27330 of 2025
For Petitioner : Mr.C.Loganathan
For Respondents : Mr.P.Balathandayutham
Special Government Pleader
(For R1 & R2)
Mr.K.Balakrishnan
Standing Counsel
(For R3, R4 & R5)
ORDER
This writ petition has been filed by the petitioner for a Writ of Mandamus to direct the 2nd respondent/District Collector to consider the act on the petitioner's representation dated 16.07.2025 to relocate TASMAC Shop No.9176, located at No.26, GNT Road, M.A.Nagar, Padinallur, Chennai – 600 052, in the light of the decision of the Hon'ble Supreme Court of India in State of Tamil Nadu Vs. K.Balu & Anr., in (2017) 2 SCC 281.
2. Specifically, the learned counsel for the petitioner would submit that the location of the aforesaid TASMAC Shop is in violation of conditions in Paragraphs 27, 29.5 and 30 of the above said decision, which reads as under:
“27. For all these reasons, we have come to the conclusion that no licences for liquor shops should be allowed both on the National and State Highways. Moreover, in order to ensure that ____________ Page No. 3 of 10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 31/10/2025 08:13:01 pm ) W.P.No.27330 of 2025 this provision is not defeated by the adoption of subterfuge, it would be necessary to direct that no exception can be carved out for the grant of liquor licences in respect of those stretches of the national or State highways which pass through the limits of any municipality, corporation, city, town or local authority. Necessary safeguards must be introduced to ensure that liquor vends are not visible or directly accessible from the highway within a stipulated distance of 500 m from the outer edge of the highway, or from a service lane along the highway.
29.5 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 500m of the outer edge of the national or State highway or of a service lane along the highway.
30. We dispose of the appeals and transfer petitions in the above terms. There shall be no order as to costs.”
3. On the other hand, the learned Standing Counsel for the 5th respondent, drew reference to the counter affidavit, wherein it has stated that ____________ Page No. 4 of 10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 31/10/2025 08:13:01 pm ) W.P.No.27330 of 2025 there is no place of worship or educational institution, within the prohibited distance of 100 meters. It has been confirmed by the Field Inspection Report of the Tahsildar, Ponneri and the Inspector of Police M4, Redhills, who have also issued No Objection Certificate.
4. It is further submitted that the District Manager, TASMAC, Thiruvallur (West) has also conducted a field inspection and in his report, it has been ascertained that the said TASMAC shop fulfils the conditions stipulated in Rule 8(1) of the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003 and that there is no public objection for the opening of the TASMAC Shop No.9176 in the present location.
5. That apart, the learned Standing Counsel for the respondents further submits that the District Collector has duly considered the requirements under G.O.Ms.No.32, Home, Prohibition and Excise Department, dated 21.05.2018 and G.O.Ms.No.40, Home, Prohibition and Excise Department, dated 31.10.2019, as well as the condition stipulated in paragraph 17(e) of G.O.Ms.No.40, while granting permission for the opening of the said shop. As per Paragraph 17(e) of G.O.Ms.No.40, areas within a municipal area or an ____________ Page No. 5 of 10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 31/10/2025 08:13:01 pm ) W.P.No.27330 of 2025 area mentioned in paragraph 15(2) of the said G.O., for which no development plan has been approved under the provisions of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972), may be considered for the location of shops if the population of the local body concerned exceeds 7,000 as per the latest official records. Viewed from any angle, there is no violation of any Rule or Government Order in opening TASMAC Shop No.9176 at its present location. It is therefore submitted that the writ petition is liable to be dismissed.
6. It is further submitted that there is no violation, or deviation from the decision of the Hon'ble Supreme Court of India referred to in paragraph 4 of the affidavit, reported in 2017(2) SCC 281, as TASMAC Shop No.9176, situated at G.N.T.Road, M.A.Nagar, Padinallur, which is located in a commercial area with a population exceeding 7,000.
7. It is further submitted that the distance restrictions of 500 meters, 100 meters, or 50 meters shall have no application to the facts of the present case.
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8. That apart, the learned Standing Counsel appearing for the respondents submitted that the distance of 500 meters as in Paragraph 29.5 of the said decision has been further diluted and it has been now reduced to 220 vide separate order.
9. Considering the above, the petitioner's representation dated 16.07.2025 deserves a fresh consideration. Therefore, there shall be a direction to the 2nd respondent/District Collector to consider the petitioner's representation dated 16.07.2025 and pass an appropriate order, after affording an opportunity of personal hearing to the petitioner, in the light of the decision of the Hon'ble Supreme Court of India and in the light of the above mentioned Government orders. In case an adverse order has already been passed, the petitioner is at liberty to workout the remedy in the manner known to law.
10. The 2nd respondent shall pass appropriate orders on merits within a period of eight (8) weeks from the date of receipt of a copy of this order, in case no orders have been passed.
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11. This writ petition is disposed of with the above direction. No costs.
24.10.2025 Neutral Citation : Yes / No Index:Yes/No Speaking order/Non-Speaking order kak To:
1. The Commissioner of Prohibition and Excise Department, Kadaperi, Tambaram, Tamil Nadu, Chennai – 600 075.
2. The District Collector, Thiruvallur District, Tamil Nadu.
3. The Managing Director, Tamil Nadu State Marketing Corporation Limited, Chennai – 600 008.
4. The General Manager,(GM) For TASMAC (Tamil Nadu State Marketing Corporation Limited) CMDA Tower-II, 4th Floor, Egmore, Chennai – 600 008.
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5. The District Manager, Tamil Nadu State Marketing Corporation Limited, Kakkalur, Thiruvallur District, Tamil Nadu – 602 003.
6. The Tahsildar, Kakkalur, Thiruvallur District, Tamil Nadu – 602 003.
7. The Inspector of Police, Redhills Police Station, Thiruvallur District.
8. The Inspector of Police, Prohibition of Enforcement Wing, Ponneri.
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