Call Of Policy-Makers In The Legislature To Consider Whether State Should Turn Dry, Court's Have No Role To Play: Madras High Court

Underlining that Courts cannot barge and interfere on the personal predilection of any individual that every form of drinking may be evil, the Madras High Court recently held that it is for the policy-makers in the legislature to consider whether the State should turn dry The Bench of Chief Justice Sanjib Banerjee and Justice R. Hemalatha was hearing the plea of one V. Kaliyamoorthy who sought directions to the respondents to close and shift a TASMAC Shop and the bar attached therein, functioning at a particular of Thanjavur District. Expressing its opinion on the plea, the Court noted, "This is a matter where a citizen wears his self-righteousness on his sleeve and seeks the removal of a liquor store on some archaic sense of puritanism." Further, the Court observed that there are rules in place as to where liquor stores may be situated, the distance that ought to be maintained from any educational or religious institution and highways and the like. The Court further said, "If, upon meeting all parameters, a liquor store is set up, complaints pertaining thereto cannot be entertained on the ground that consuming alcohol may be unethical or undesirable." Notably, the Court also opined that a degree of restraint has to be exercised, particularly in high offices so that personal perceptions and beliefs do not blur the objective process of adjudication and the principle duty that is to be discharged at such level. In related news, expressing its hope that the Court's time shouldn't be wasted like this, the Madras High Court recently dismissed a plea seeking directions to the respondents to permit the petitioner to the installation of a statue of Dr. Ambedkar at Traffic Island at Light House Corner in Karur District. The Bench of Chief Justice Sanjib Banerjee and Justice R. Hemalatha further observed, "It is completely beyond the ordinary powers of a Court, even a constitutional Court, to direct the administration to install any particular Statue at any particular place." In another order, wherein a plea sought directions to the respondents to restore passenger rolling gates on the north-eastern and north-western side of an obstructing wall at the Karaikudi bus stand, the Madras HC issued some pertinent observations. The Court said that it can hardly be expected of the High Court, no less, to look into the matters pertaining to ingress and egress at every bus stand all over the State. Significantly, the Court had further observed, "The present trend, whether it is borne out of political ambitions or professional reasons, to approach the High Court with a complaint of an encroachment in tiniest part of a remote village or to deal with the access to a bus terminus or to consider the bus timings at a particular stop adds to the pendency of matters and impede the Court's function." Case title - V. Kaliyamoorthy v. The District Collector Thanjavur District [W.P.(MD) No.2247 of 2020 and W.M.P(MD)No.1898 of 2020] Click Here To Download OrderRead Order

Call Of Policy-Makers In The Legislature To Consider Whether State Should Turn Dry, Court's Have No Role To Play: Madras High Court

Sparsh Upadhyay

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