PIL seeks retriction to establish TASMAC shops near residential areas

CHENNAI: Making it clear that the authority to frame Rules and legislations are vested with the government and the court cannot interfere in it unless warranted, the Madras high court has observed that it is for the state to consider the plea to impose restrictions not to locate TASMAC shops within 100 meters of private residential buildings.
The First Bench of Chief Justice Indira Banerjee and Justice M Sundar made the observations while disposing of a PIL moved by G Kavitha Thirumugam.She wanted the court to declare that the restrictions under the Tamil Nadu Liquor Retail Vending (In shops & bars) Rules, 2003 on establishing liquor shops should not only apply to educational institutions, places of worship and public buildings, but also to private residential buildings.
As per clause 8 of the Rules, no liquor vending shops shall be established in municipal corporations and municipalities within a distance of 50 meters and in other areas 100 meters from any place of worship or educational institutions. The petitioner wanted the court to declare that these Rules also apply to private residential areas.
When the PIL came up for hearing, the Bench said, "On a perusal of the Rules, it is clear that residential areas are not covered by the restrictions. This court cannot legislate. It is not for the court to amend the subordinate legislation. The object of a statue may be relied upon to interpret the statute when the substantive part of the statute is ambiguous or is capable of more meanings than one. However, when a statutory rule is framed the object of the law making body is to be ascertained in the rules. In the present case, it only restricts location of such shops near places of worship, educational institutions and public buildings."
The petitioner does not disclose contravention of the existing Rules, therefore the court cannot interfere in the government's authority, the Bench added and disposed of the plea.