Madras High Court Issues Notice On Plea Seeking Regulated Places For Alcohol Consumption After Closing Of TASMAC Bars

Acting Chief Justice T Raja and Justice Bharatha Chakravarthy of the Madras High Court has ordered notice to the Additional Chief Secretary, Prohibition and Excise Department and the Managing Director, TASMAC on a plea for framing guidelines, rules and regulations with regard to the place for consuming alcohol by purchasers after closing time of TASMAC shops and bars attached thereto. 

The petitioner, N Mohan and Gopinath hailing from Thiruvallur district submitted that as per a Government Order issued by the Home, Prohibition and Excise Department, the TASMAC shops and bars attached thereto are allowed to function between 12pm to night 10pm. This has led to a situation where the last minute purshasers consume alcohol in the streets causing nuisance to women, children and neighbours. 

The petitioner, who are also shop owners, submitted that consumption of alcohol in the street by these last minute consumers causes problems to the general public as their free movement during this time is affected.

Apart from nuisance to public and pollution to the environment, the petitioner submitted that the situation may also result in an increase in the number of crimes against women and children. 

Admitting that TASMAC shops cannot be closed in entirety, the petitioners also stated that a majority of the crimes can be controlled if their root cause is found and necessary steps are taken. Since one of the main reason for increase in the number of TASMAC related crimes is due to the fact that the purchasers do not have a designated place to consume alcohol, the petitioners had made  representations to the TASMAC MD but the same has not been acted upon. 

The petitioners also pointed out that though there are laws and orders to regulate TASMAC shops and alcohol consumption to some extent, they are not properly implemented. Section 4 and 4A of the Tamil Nadu Prohibition Act 1937 declares consuming alcohol in public places as punishable offence. Further, though Rule 11 of the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules 2003 enables functioning of liquor bars from 8am to midnight, the government has reduced this from afternoon 12 to night 10. At the same time, in respect of FL2 and FL3 license holders, this timeline is again extended on payment of privilege fee. Thus, there is no uniformity in the timing for operation of bars which has been taken advantage of by wrong doers, plea states. 

Thus, the petitioners have approached the court to direct the respondents to frame guidelines for law regulated places for consumption of alcohol after closing of bars.

Case Title: N Mohan and another v. Additional Chief Secretary, Prohibition and Excise Department and another

Case No: WP 34228 of 2022