K.Devamani v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.11265 of 2021 K.Devamani .. Petitioner -vs1.Union of India, rep. by its Secretary to Excise, Excise Department, O/o. The Chief Secretariat, Goubert Avenue, Pondicherry - 605 001.

2.The Excise Commissioner, Excise Department, Thattanchavady, Puducherry - 605 006.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents to seal all the liquor shops, arrack/toddy shops etc., in the regions of Puducherry by the Excise authorities itself in pursuance of the circular dated 26.04.2021 vide No.1992/DCE/S1/2021, collect the stock registers from all the license holders of all category of liquor shops viz., FL1/FL2/FL2 Tourism category licences/arrack and toddy shops until further directions is issued by the appropriate authorities and to direct them to install CCTV cameras in their shops/premises immediately to prevent illegal liquor sale in the regions of Puducherry by considering the petitioner's representation dated 27.04.2021 given to the respondents. For Petitioner : Mr.R.Sreedhar For Respondents : Ms.N.Mala Government Pleader (Pondy)

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner complains of bar and liquor shops in Puducherry functioning despite government orders to close down the same.

2. The petitioner says that most of these shops or outlets are privately owned who pay little or no heed to the government notifications issued in such regard.

3. Ms.N.Mala, learned Government Pleader (Puducherry), takes notice on behalf of the official respondents.

4. It is made clear that the government should strictly enforce the measures announced, particularly in government notifications. There can be no dispute that congregation in numbers at any place results in the spread of the virus. The Union Territory, including the police authorities there, should ensure that government orders pertaining to closure of bars and liquor outlets are strictly enforced without exception. The Chief Secretary and the Director General of Police in Puducherry should ensure immediate measures so that there is strict adherence to the terms of any government notification, particularly pertaining to the closure of liquor outlets and bars.

5. W.P.No.11265 of 2021 is disposed of. There will be no order as to costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bbr To:

1.The Secretary to Excise, Union of India, Excise Department, O/o. The Chief Secretariat, Goubert Avenue, Pondicherry - 605 001.

2.The Excise Commissioner, Excise Department, Thattanchavady, Puducherry - 605 006.

3.The Chief Secretary, Puducherry.

4.The Director General of Police, Puducherry.

W.P.No.11265 of 2021 SR-II(CO) CB(24/06/2021)