{"id":229371,"date":"2020-05-12T13:23:08","date_gmt":"2020-05-12T07:53:08","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=229371"},"modified":"2020-05-22T13:31:33","modified_gmt":"2020-05-22T08:01:33","slug":"madras-hc-liquor-shops-that-were-opened-in-neighbouring-kerala-and-far-off-mumbai-were-closed-down-by-those-governments-to-save-human-lives-but-alas-this-state-failed-to-learn-any-lesson","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2020\/05\/12\/madras-hc-liquor-shops-that-were-opened-in-neighbouring-kerala-and-far-off-mumbai-were-closed-down-by-those-governments-to-save-human-lives-but-alas-this-state-failed-to-learn-any-lesson\/","title":{"rendered":"Madras HC | Liquor shops that were opened in neighbouring Kerala & far off Mumbai were closed down by those Governments to save human lives, but, alas, this State failed to learn any lesson!"},"content":{"rendered":"
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They that sleep resemble the dead; likewise, they that drink are no other than poison eaters.<\/span><\/p>\n<\/blockquote>\n

Couplet 926 of Chapter 93 titled \u201cnot drinking palm wine\u201d<\/p>\n<\/div>\n<\/div>\n<\/div>\n

Madras High Court:\u00a0<\/strong>A Division Bench of P.N. Prakash and B. Pugalendhi, JJ. addressed a petition with regard the legality and validity of decision of the State Government to re-open the State-owned TASMAC shops for retailing vending of liquor to public.<\/p>\n

In the evening of 6th May, 2020, Division Bench of this Court had imposed further restrictions for vending liquor in the TASMAC outlets.<\/p>\n

Bench in the present case observed that,<\/p>\n

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“Armed with the nod of the Division Bench, the State, like Julius Caesar, turning deaf ears to the caution of the soothsayer \u201cBeware Ides of March\u201d, went ahead with re-opening the TASMAC shops on 07.05.2020.”<\/p>\n

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“Unfortunately, for the State, the incidents that unfurled from 07.05.2020 as a sequel to the re-opening of the TASMAC shops, brought gloom and doom to the citizens. Tipplers in serpentine queues, throwing to wind all social distancing and mask wearing norms, thronged the TASMAC shops least mindful of the scorching May summer. Hell broke loose in some areas as could be seen from newspaper reports and social media footages.”<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/blockquote>\n

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Further the Court observing the State’s action, also stated that,<\/p>\n

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“It is indeed sad that in a welfare State, the Government wanted to cash in on the weakness of the tipplers by enhancing Excise Duty on liquor by 15%.”<\/span><\/p>\n

Court also referred to the below stated news items:<\/p>\n

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“08.05.2020 (Page no.3):<\/strong><\/p>\n

An 18 year old girl who attempted suicide by immolating herself after her father picked up a quarrel under the influence of alcohol, is battling for her life in hospital.<\/p>\n

08.05.2020 (page no.4):<\/strong><\/p>\n

3 dead in alcohol induced incidents<\/p>\n

09.05.2020 (Page no.3):<\/strong><\/p>\n

Three people were murdered in alcohol-related incidents in Tuticorin, Virudhunagar and Tirunelveli on Thursday night\u201d.<\/p>\n

Division Bench of the Court with its Order dated 6th May, 2020 on noting the above incidents and concerns had decided to immediately close down all the TASMAC shops till lockdown was lifted by Government.<\/p>\n

Veera Kathiravan placed the WHO guidelines with regard to Alcohol and Home Isolation or quarantine.<\/p>\n

Additional Advocate General submitted that WHO guideline was issued to allay the notion prevailing in some quarters the consumption of liquor will protect one from COVID-19 attack.<\/p>\n

For the above stated guideline, bench observed that the said guideline, categorically sets out the ill-effects of consumption of alcohol during COVID-19 pandemic.<\/span><\/strong><\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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Additional Advocate General further justified the State’s action on the following grounds:<\/p>\n