It is the right of society, whose health and family are devastated by the ill effects of liquor, to demand the closure of such liquor outlets, the Madurai Bench of the Madras High Court observed while quashing the First Information Report registered against 10 persons in Alagankulam of Ramanathapuram district.
Justice B. Pugalendhi observed that the Tasmac was established in 1983 with the objective to prevent deaths on account of illicit arrack. Though the corporation was established with a laudable objective, it has become a revenue-generating corporation for the government. It has been patronised by the government disregarding other consequences of alcohol on health.
The court observed that due to the adverse impact of liquor on health and social well being, the State government introduced the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules. It mandates that no liquor shop should be established near any place of worship or educational institutions. The petitioners who were being affected on account of consumption of alcohol by others were entitled to question the government for setting up of the Tasmac shop in their area.
The Constitution envisions the State as a Welfare State. A model of governance wherein the government is not merely a sovereign authority, but a proactive agent committed to the overall development of its citizens. Our country is a democratic country and the government is formed by the people and for the welfare of the people. When the main principle of the constitution is to serve the people any policy decision of the government affecting the health of the people is liable to be questioned by the public.
The act of protest is one of the legitimate ways for the people to voice out their grievances against the policies and administrative actions of the government. When they express their demand and protest in a peaceful manner, it cannot be said that an offence is committed.
The court observed that the continuation of criminal proceedings against the petitioners would not serve the ends of justice and would instead result in misuse of the criminal justice system against individuals acting in furtherance of a legitimate public cause, the court observed and quashed the proceedings.
Published – December 01, 2025 08:55 pm IST
