Obey Supreme Court order on relocation of Tasmac shops: Madras High Court

Chennai: Coming down heavily on the Tamil Nadu Government for relocating Tasmac outlets in the wake of the Supreme Court order, the Madras high court directed state government to obey the apex court order and minimise the agony of people.

When a batch of petitions from S. Sellasamy and 15 others seeking to restrain government from re-opening Tasmac shops in their localities came up before the bench comprising Justices K Kayanasundaram and S.M. Subramaniam, on Thursday, the bench observed that state government has been involved in ‘pinching the child and shaking the cradle’.

The bench directed state government to scrupulously follow the orders of the Supreme Court dated December 15, 2016, and January 13, 2017, on banning alcohol outlets within 500 meters of state and national highways in letter and spirit with regard to relocation of Tasmac retail vending shops.

The bench also disposed of state government’s petition challenging the interim orders passed on May 6 by a special bench restraining government from relocating shops in residential areas.

The additional advocate-general contended that the interim order was against the rules enacted by the state under the Tasmac Retail Vending (in shops and bar) Rules.

“If the resolutions or decisions taken by the panchayats at village level are placed before government expressing the will of the majority of people of the locality, government is duty bound to respect and respond to such resolutions,” the bench said.

The bench hoped that government will revisit the entire policy relating to prohibition, considering the ‘will’ and ‘wish’ of the larger section of society of each area and accordingly take a decision with regard to the establishment or relocation of shops in accordance with constitutional directives.

The bench also gave a set of directions to government, confirming the directions of the earlier bench.