TASMAC APPEAL DISMISSED
Posted on: 28/Jul/2010 2:41:23 AM
In landmark judgment the Madras High Court has come to the rescue of the citizens who are deprived of peaceful life due to nuisance created by drunkards. The court held that it is offending the Right to Life guaranteed by the Constitution. This is notwithstanding the fact that the liquor shop satisfies the distance criterion under the Tamil Nadu Liquor (Retail Vending) Rules. Nuisance created by drunkards would extend even beyond the safety area prescribed under the rules:
Dismissing an appeal by the Tamil Nadu State Marketing Corporation (TASMAC), a Division Bench comprising Justices Elipe Dharma Rao and K. K. Sasidharan observed “In case the statutory authorities consider these local issues with a sense of responsibility, there would be no occasion for the common man to approach the courts with Public Interest Litigation adding numbers to the Himalayan arrears in courts. The authorities should be sensitive to such issues of public importance.”
Earlier, residents of Ormes Road, Kilpauk, had preferred a writ petition for shifting a liquor shop on the road.
They submitted that the location of the shop was highly objectionable as it was situated in a residential area, near a girls` school and a temple.After consuming liquor, customers threw the bottles indiscriminately. Often they misbehaved with the local residents, thereby creating nuisance. A single Judge allowed the petition and directed closure of the shop. Challenging this, TASMAC preferred the present appeal.
It is great rescue act by the court which as expressed by the court itself that it has done the job of the government. Government administration should be alive to problems faced by lawful citizens, women, and children from irresponsible people, who have no love for their own children, family leave alone the society.
