High CourtsDivision Bench(2017) 04 MAD CK 0144

P. Raju vs District Collector Coimbatore District Coimbatore

Madras High Court · Decided on 18 April 2017

HON’BLE JUDGES
Indira Banerjee, CJ. and M. Sundar, J.
RESULT
Disposed Off
CASE NUMBER
W.P. No. 8701 of 2017

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

6 paragraphs · 289 words

Indira Banerjee, C.J.—This writ petition filed in public interest relates to the relocation of the liquor shop pursuant to the judgment dated 31st March, 2017 of the Supreme Court of India in Civil Appeal Nos.12614-12616 of 2016.

2.

The petitioner has sought orders restraining the respondents from relocating the TASMAC Shop in S.F.No.34/1, Ayyampalayam Village, Pollachi Taluk, Coimbatore District or any other place in the village viz., Ayyampalayam Village, Pollachi Taluk, Coimbatore District, as there is an Old Age Home in the said survey number and there are temples and schools nearby.

3.

After hearing the learned counsel on either side, we dispose of the writ petition by directing the first respondent to consider the representation of the petitioner dated 31.3.2017 at page No.1 of the typed set of papers in accordance with law.

4.

Needless to mention that the liquor shop shall only be relocated in accordance with law and in particular the Tamil Nadu Liquor Retail Vending (Inshops and Bars) Rules, 2003 framed under the Tamil Nadu Prohibition Act, 1937, taking into consideration the judgments of the Supreme Court of India and of this Court in this regard.

5.

Even though under Rule 8 of the Tamil Nadu Liquor Retail Vending (Inshops and Bars) Rules, 2003 there is no specific mention of an old-age home, having regard to the objects for which distance is required to be maintained from places of worship, educational institutions and the like, we are of the view that distance should also be maintained from an old-age home, particularly, an old-age home where the majority of the inhabitants are women and are under care of Psychiatrists.

The writ petition is disposed of accordingly. No costs. Consequently, W.M.P. No. 9490 of 2017 is closed.