Madras HC | State Policy of opening or re-opening of State liquor shops cannot be interfered as Centre already indicated allowing the same

Madras High Court: A Division Bench of Dr Vineet Kothari and Pushpa Sathyanarayana, JJ., while addressing a petition on announcing total prohibition of alcohol sale, manufacture and consumption, held that the said is a policy decision of the State and  Court cannot interfere in the same.

Petition was filed to seek direction with regard to notify and announce total prohibition of Alcohol, manufacture, sale and consumption in the State.

Petitioner’s counsel urged that State is likely to reopen the liquor shops and it is not in the interest of the general public.

Adding to the above, he also submitted that due to the prohibition imposed during lockdown period due to COVID-19, people became accustomed to not having liquor and the said practice on continuation may save several ills and crimes in the Society and therefore, he sought a direction to the State to impose complete prohibition on the sale of liquor in the State, referring to Article 47, Part IV of the Constitution of India.

Bench held that it would not interfere with the matter of State Policy of opening or re-opening of State Liquor shops, since the Centre had also already indicated allowing re-opening of liquor shops in present stage of COVID Lockdown.

Article 47 of the Constitution of India is not an enforceable right of the petitioner and therefore, it does not give rise or any cause of action of the petitioner.

Thus in view of the above, petition stands dismissed. [R. Dhanasekaran v. Chief Secy., Govt. of T.N., 2020 SCC OnLine Mad 976, decided on 04-05-2020]

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