Madras High Court Orders Closure of Liquor Shop Near School

Madras High Court Orders Closure of Liquor Shop Near School

Recently, the Madurai Bench of the Madras High Court directed the closure of a Tamil Nadu State Marketing Corporation (TASMAC) liquor outlet located on Trichy Road in Dindigul town, citing concerns over public health and child safety.

The order came in response to a petition filed by local resident P. Vetrivvel, who argued that the proximity of the liquor shop to a nearby school was creating a public nuisance, particularly for students who had to pass by the outlet on their way to and from classes. The petitioner submitted that the school was situated within 30 metres of the outlet.

In its defense, the government claimed the outlet was situated within the Dindigul corporation limits, where the minimum required distance between liquor outlets and educational institutions is 50 metres. It further argued that distance restrictions do not apply to commercial areas.

However, the court rejected the state’s arguments, observing that the presence of the liquor shop near a school could indeed cause inconvenience and disruption, especially to children.

In a sharp critique of state policy, the court remarked, “It is contradictory for a welfare government to establish more hospitals on the one hand and simultaneously operate TASMAC shops on the other. This is not in consonance with constitutional ethos.”

Referring to Article 47 of the Constitution, which directs the State to work towards improving public health and to prohibit intoxicating drinks except for medicinal purposes, the bench emphasised the need for the government to align its policies with constitutional directives.

“The right to health is a fundamental right. The State must make efforts to gradually implement prohibition in a phased manner to safeguard public health,” the bench stated.

The judgment also took aim at both the ruling DMK and opposition AIADMK, noting that successive governments have treated TASMAC as a major source of revenue while ignoring its societal costs. In the fiscal year 2024–25, the Tamil Nadu government earned ₹48,344 crore through TASMAC sales — an increase of ₹2,483 crore from the previous year.

The court recalled earlier efforts towards prohibition, notably by former Chief Minister Jayalalithaa, who had initiated the closure of 500 TASMAC outlets and curtailed their operating hours. Though the ruling DMK also promised measures to reduce the number of outlets, alcohol sales have only continued to rise.

While the state argues that a total ban is impractical due to liquor availability in neighbouring states — a situation that could encourage illicit trade — the court noted that such justifications appear weak, especially in light of recent tragedies. Tamil Nadu has witnessed two major illicit liquor incidents in recent years, resulting in nearly 80 deaths.

The court has listed the matter for reporting compliance on June 18, 2025.

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