Madras High Court orders to close the liquor shops and to permit online and home delivery

Ukkash F | Sastra School of Law, Tamil Nadu | 10th May 2020

G. Rajesh V. The State of Tamil Nadu

FACTS OF THE CASE

Petition was filed under Article 226 of the constitution for restraining the respondents to close the TASMAC shops across the State of Tamil Nadu. The court directed the state to sell liquor through online sale/e-coupon systems to avoid overcrowding at the liquor shops. In addition to the above condition, this Court also had issued a few guidelines and restrictions for the reopening of the TASMAC shops. 

Surprisingly, the TASMAC had not even produced a single counterfoil of the sale receipt made on 07.05.2020. Admittedly, none of the shops have computerized billing mechanism and such bills were issued only manually. This is done to keep some money for them unaccounted.

Besides there were also reports in the newspapers about the share of TASMAC in bringing in domestic violence and also death of four people.

ISSUES

1. Is opening TASMAC (liquor shops) in the midst of the pandemic without following the protocol justified?

COURT’S OBSERVATION

It was brought to the notice of the court that TASMAC has not followed in maintaining the social distancing at liquor shops. Also, they have not followed the guidelines to sell the liquor. The court observed that,

“About 3850 shops across the State were opened, and there was a record sale of Rs.175 Crores. The above scenario reported after the day one of the reopening of the TASMAC shops only go to show that the State machinery is out of control either in disciplining the crowd or even in the process of sales”

The court has however permitted the sale of liquor through online. . The State of Tamil nadu also has to make appropriate amendments to the T.N. Liquor (License and Permit) Rules, 1981, to have the technology enabled home delivery to promote responsible consumption of alcohol since the Act does not allow online sales.

The court also has directed the TASMAC to have purchase limits. Bulk sales are not to be allowed. The same customer cannot make such purchase of liquor more than twice in a week, with a minimum gap of three days.Bill will be issued for each sale made, recording the name, address and Aadhar card number of the person/ buyer concerned. 

If any sale is found to be in violation of the following rules directed by the Court, the shop in question will be immediately closed by the concern authorities and will not be allowed to reopen.