TASMACs near homes: Madras HC refuses to intervene

The first bench comprising Chief Justice Indira Banerjee and Justice M Sundar while disposing a PIL seeking to extend the restrictions in setting up TASMAC shops nearby educational institutions, places of worship and public buildings to private residential buildings, said, “On a perusal of the Rules, it is clear that residential areas are not covered by the restrictions. This court cannot legislate. It is not for the court to amend the subordinate legislation.”

“The object of a statute may be relied upon to interpret the statute when the substantive part of the statute is ambiguous or is capable of more meanings than one. However, when a statutory rule is framed the object of the law-making body is to be ascertained in the rules which only restricts location of such shops near places of worship, educational institutions and public buildings,” the bench added.

As per the Tamil Nadu Liquor Retail Vending (Shops and Bars) Rules, no liquor shops shall be established within a distance of 50 m of places of worship or educational institutions in Corporations and 100 m in municipalities and in other areas. The petitioner wanted the court to declare that these Rules should also apply to private residential areas and sought not to locate TASMAC shops within 100 m of private residential buildings.