M Thaha Mohammed, the petitioner, stated that hundreds of houses are located in Thattankulam village near TASMAC shop (No.5422), which is situated along the road connecting Melur Main Road. It’s evident that the TASMAC shop (5422) is situated opposite Madurai Bench of Madras High Court and near Model Government Girls Higher Secondary School, Othakadai.
The shop was always thronged by drunkards apart from two wheelers and cycles having been haphazardly parked on the road obstructing movement of vehicles as well as people. The men after drinking often create nuisance by quarrelling and fighting among themselves. The common people, especially women folk were afraid to cross the road and therefore, the shop had to be shifted, he appealed.
Earlier, the Division bench of Justices N Kirubakaran and B Pugalendhi heard the petition and observed that if prohibition is brought in consonance with Article 41 of the Constitution of India, definitely offences would steeply decrease, individual income would certainly increase.
The court can’t lose sight of what’s happening in society due to the drinking habit. It is the root cause for many evils. More importantly, drunken driving won’t be there and deaths related to it would be reduced. Above all, the society would be more peaceful and the dream of Mahatma Gandhi would be realised. Citing these, the bench asked whether the government would listen to this court?