N.Sivagami v. The State of Tamil Nadu

ORDER (Order of the Court was made by the Hon'ble Chief Justice) Heard.

¶2This petition has been filed styled as public interest litigation seeking direction to close or re-locate TASMAC shop No.1880 in Kinathukadavu Taluk, Coimbatore District.

¶3The averments made in the petition do not constitute violation of the relevant provisions contained in Rule 8 of the Tamil Nadu Liquor Retail Vending (in Shops and Bars), Rules, 2003 providing for location of the TASMAC shop. At the same time, following have been stated in the petition, which must receive serious consideration by the District Collector: "3. I submit that the said arrack shop is located within a radius of approximately 50 meters from a densely populated residential area having more than 100 families, including women, minor children, senior citizens and students who regularly pass through the said location. I further submit that after the establishment of the said arrack shop, there has been a continuous rise in nuisance activities in and around the locality. Daily, a large number of drunkards gather in front of the shop and consume liquor in public spaces including streets, vacant plots and bus stops.

¶4I submit that the behaviour of drunkards using abusive language, indecent gestures, quarrelling, harassment of women and loud disturbances creates severe mental stress and insecurity among the residents, particularly children and ladies. The residents of the locality, are subjected to mental harassment, due to abusive language, quarrelling, rowdy behavior, indecent exposure and other disorderly conduct by intoxicated persons.

¶5I submit that the locality has become unsafe to walk, especially in the evenings and at night. Women and students are hesitant to leave their homes due to the fear of drunken misbehaviour. I further submit that the issue is further aggravated because the said arrack shop regularly operates beyond the government permitted time limits. Despite fixed closing hours prescribed by the Tamil Nadu Prohibition & Excise Rules, the shop remains open late into the night, allowing illegal sale and consumption, leading to further escalation of public nuisance and disorder.

¶6I submit that many persons consume liquor and throw broken bottles and waste in the bus stop and residential road, causing injuries to pedestrians and posing a serious safety hazard for school-going children. This has made the locality unhygienic and dangerous. Hence in the interest of public and on behalf of the affected parties who are unable to approach this Hon'ble Court, I am approaching this Hon'ble court by way of this petition seeking directions to the respondents to take conduct necessary action to closure of the shop which causes public nuisance near and in the bus stop."

¶4The District Collector, Coimbatore, shall take a decision in the matter keeping in view the public grievance within one month from the date of receipt of a copy of this order.

¶5The writ petition is, accordingly, disposed of. There shall be no order as to costs. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J)

27.02.2026 Index : : bbr To:

1.The Secretary, State of Tamil Nadu Home, Prohibition and Excise Department Secretariat, Chennai-600 009

2.The District Collector District Collectorate Office, Coimbatore-18.

3.The Managing Director Tamil Nadu State Marketing Corporation Ltd., (TASMAC) Chennai-600 018

4.The District Manager TASMAC, Coimbatore District.

5.The Superintendent of Police

Coimbatore District. W.P.No.6269,of,2026 THE,HON'BLE,CHIEF,JUSTICE ,,,,AND ,G.ARUL,MURUGAN,,J., bbr W.P.No.6269,of,2026 ,,,,,

27.02.2026 Page,7,of,7

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27.02.2026 CORAM : THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN N.Sivagami W/o.Natchimuthu, 2/534-42, M.G.R. Nagar, Manigandapuram, Kinathukadavu, Coimbatore-641 032. Petitioner Vs 1.The State of Tamil Nadu Rep. by its Secretary, Home, Prohibition and Excise Department Secretariat, Chennai-600 009 2.The District Collector District Collectorate Office, Coimbatore-18. 3.The Managing Director Tamil Nadu State Marketing Corporation Ltd., (TASMAC) Chennai-600 018 4.The District Manager TASMAC, Coimbatore District. 5.The Superintendent of Police Coimbatore District. Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to direct the 1st respondent to close or relocate the Tasmac Shop No.1880, Kinathukadavu Taluk, Coimbatore District away from bus stop, residential and take necessary actions to remove them. For Petitioner: Ms.S.Vennila for M/s.Vennila Law Firm For Respondents: Mr.M.Habeeb Rahman Government Advocate for R1 and R2 Mr.K.Sathish Kumar Standing Counsel for R3 and R4 Mr.S.Vinoth Kumar Govt. Advocate (Crl. Side) for R5