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'Article 47 Of Constitution Is Not An Enforceable Right': Madras HC Dismisses Plea For Total Prohibition Of Manaufacture, Sale & Consumption Of Alcohol [Read Order]

LIVELAW NEWS NETWORK
5 May 2020 12:18 PM GMT
Article 47 Of Constitution Is Not An Enforceable Right: Madras HC Dismisses Plea For Total Prohibition Of Manaufacture, Sale & Consumption Of Alcohol  [Read Order]
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The Madras High Court on Monday refused to entertain a writ petitions seeking absolute ban on manufacture, sale and consumption of alcohol in the state of Tamil Nadu.

The Petitioner, R. Dhanasekaran had stated that since people have become accustomed to not consuming liquor because of the COVID-19 lockdown, the government should utilize this opportunity to absolutely prohibit dealings in and consumption of alcohol.

He particularly argued that re-opening of liquor shops is not in the interests of general public and such the Government is duty bound under Article 47 of the Constitution to take steps that are conforming to standards of improved public health.

Article 47 of the Constitution is a Directive Principle which stipulates that the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.

Dispelling these arguments, the Court held that regulation of alcohol is purely a matter of state policy that does not warrant judicial interference. Further, it pointed out that Article 47 is not an "enforceable provision" and thus, the petition has no leg to stand.

"This Court is not inclined to interefere with the matter of State Policy of opening or reopening of the State liquor shops at this point of time, since the Central Government has already indicated allowing re-opening of the liquour shops in the present stage of Covid lockdown and the State is likely to take a decision in this regard soon. Further, 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 to seek any Mandamus under Article 226 of the Constitution of India. Accordingly, we do not find any merit in the present writ petition," a division bench of Dr. Justice Vineet Kothari and Justice Pushpa Sathyanarayana held.

The State, represented by Advocate General had submitted that the State policy on liquor was already in place inasmuch as the Government had regulated the sale of liquor under its own legislation, namely Madras Sale of Liquor Act, 1937 and 2003 Rules for opening of TASMAC shops to sell liquor.

The petition was accordingly dismissed.

Case Details:

Case Title: R. Dhanasekaran v. Got. Of Tamil Nadu & Ors.

Case No.: WP No. 7565/2020

Quorum: Dr. Justice Vineet Kothari and Justice Pushpa Sathyanarayana

Appearance: Advocate ML Ravi (for Petitioner); Advocate Genera Vijay Narayan with Govt Advocate Sathish(for State)

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