The first bench comprising Chief Justice Indira Banerjee and Justice M Sundar, before whom a PIL filed by J Nandhakumar seeking a direction to restrain the Revenue and the TASMAC authorities from putting up an outlet at Jagadeesan Nagar, Thiruninravur, said, “There is a sweeping averment that the setting up of the TASMAC Wine Shop is in clear violation of the Tamil Nadu Liquor Retail Vending (In Shops and Bars) (TNLRV) Rules 2003. There is also a vague sweeping averment that the setting up of the TASMAC shop violates the fundamental rights guaranteed under the Constitution of India. The onus is on the petitioner to demonstrate that there has been a violation of a right.”
“The only difference in case of a Public Interest Litigation is that a public-spirited citizen might fight for the rights of the public at large or for a class of people, unable to fight for their rights. However, the right to relief would necessarily have to be substantiated at least by the pleadings. As observed no case of infringement of any specific right has been made out. The writ petition cannot be entertained,” the bench held.
The petitioner had contended that S Venkatraman, the owner of Plot No 2, is constructing a superstructure and intended to let the same for setting up of a TASMAC shop. He noted that the shop would be dangerous to the public more particularly the women and children. He further said it will be totally determent to the interest of Jagadeesan Nagar residents and installing the wine shop is in clear violation of rules.
Also, the bench on noting that a writ lies for violation of Constitutional right, a statutory right or may be even an equitable right or in certain specific cases a contractual right, said, “There is not a whisper in the petition of the specific provision of the TNLRV Rules, which according to the petitioner, has been violated. The petitioner has not even mentioned the exact distance of the TASMAC shop from the nearest place of worship or educational institute.”
“However, for the ends of Justice we deem it expedient to direct the Tiruvallur Collector, to ensure that no provision of TNLRV Rules is contravened in setting up the above TASMAC shop,” the bench added.