Madras HC to decide if Highway Liquor Ban applies to Municipal Highways

The Madras High Court is set to pass orders in a petition against the establishment of TASMAC liquor outlets along highways in municipal areas of the state..The matter came up today before the First Bench of Chief Justice Indira Banerjee and Justice M Sundar..In his petition, Advocate K Balu has challenged a circular dated September 1 of this year issued by the Prohibition and Excise Department directing District Collectors to permit TASMAC shops within the limits of Municipal Corporations, Municipalities and Town Panchayats. It has been submitted that over 1700 outlets were opened in Tamil Nadu on the basis of this circular..He has contended that the same is in contravention of the Supreme Court orders passed on December 15, 2016, in the case of State of Tamil Nadu v K Balu as well as further directions passed on March 21 this year. In banning the sale of liquor on National and State Highways, the apex court in these cases issued detailed guidelines to enforce the ban..However, in an order dated July 11, 2017, the Supreme Court issued clarifications, limiting the scope of the ban in certain respects. The order followed a challenge to declassification of certain highways to major district roads by the government of Punjab and Harayana..It was contended in the case that such declassification was a ploy to circumvent the aforementioned highway liquor ban. The petition was however dismissed on the ground that the directions made in K Balu’s case “did not prevent the Administration from re-classifying inter-sectoral roads within the city from state highways to major district roads.”.The order also goes on to hold,.“The purpose of the directions contained in the order dated 15 December 2016 is to deal with the sale of liquor along and in proximity of highways properly understood, which provide connectivity between cities, towns and villages. The order does not prohibit licensed establishments within municipal areas. This clarification shall govern other municipal areas as well.”.The main bone of contention in the instant case is whether this meant that highways passing through municipal areas would also come within the purview of the liquor ban. The petitioner has contended that the impugned notification is based on a wrong interpretation of the above order that municipal highways are exempt. He points out that the order clearly states,.“The judgement of this Court dated 15 December 2016 prohibits the grant of licences for the sale of liquor along and in proximity of the National and State Highways including those falling within the limits of municipal corporations, cities, towns or local authorities.”.However, Advocate General Vijay Narayan emphasised today that the order refers to the ban being applicable to “highways properly understood, which provide connectivity between cities, towns and villages.” He argued that the Supreme Court was referring to highways, as understood in common parlance, which connect cities..Orders in the matter are likely to be passed next Tuesday..Read copy of petition here.Read clarification order dated July 11, 2017 here