Chennai

This was stated in the affidavit filed by the TASMAC before a division bench comprising Chief Justice Sanjay Kishan Kaul and Justice R Mahadevan.

However, the bench on taking strong exception to the reasons cited for failing to remove them yet, said “One example given is, where the shop is located within the shopping complex, the distance was measured till the entrance of the shopping complex rather than till the entrance of the shop. But in our view the aforesaid is not an appropriate example since logically the distance would have be measured till the shopping complex, as the person enters the shopping complex and then within the shop.”

The bench also sought the government to look closely into the exemption provided in case of educational institution or places of worship coming into existence subsequent to the establishment of the TASMAC shop. 

The bench held “If the government in its wisdom thinks that the place of worship and school is essential then the shop can always be shifted to another location.”

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