Successive govts cancel initiatives began by earlier regimes, however not liquor coverage: Madras HC


The Madras Excessive Courtroom on Saturday said that there have been situations of successive governments abandoning welfare initiatives initiated by the earlier regime, however the prohibition coverage remained untouched for a number of a long time.

In sure areas, all successive governments for a number of a long time in Tamil Nadu had constantly taken some coverage choices which supported those of the earlier authorities regardless of the political dispensation, Justice R Suresh Kumar noticed.

Although some such choices had been detrimental to the welfare of the individuals and curiosity of the society at massive, the successive governments had not given up such a coverage, as a result of they’d a watch on the income for the state exchequer, the decide identified.

Justice Kumar made the remark whereas dismissing two writ petitions from one G Sendrayan looking for to quash the 2021 Authorities Orders (GOs) of the ruling DMK reversing the earlier AIADMK dispensation’s choice to determine a State Degree Coaching Institute at Yercaud and consequently direct it to proceed with the development work on the similar place.

“Illustratively, this Courtroom can level out that, in respect of prohibition coverage, for the previous about 5 a long time, very many successive governments have been constantly and steadily following the identical prohibition coverage, below which the State both by means of licensees or by means of state company like TASMAC made accessible liquor to the individuals to their most handy method and place,” the decide stated.

Justice Kumar additional stated, “…such a prohibition coverage choice is actually injurious and detrimental to the individuals at massive on this state and in addition in opposition to the expansion of the state. The one purpose these successive governments have given to the individuals to proceed to observe the identical prohibition coverage is that it’s a massive income supply for the federal government.” Quite the opposite, the decide additionally referred to the development of a brand new Meeting and Secretariat constructing at Omandurar Authorities Property in Chennai at a price of over Rs 1,100 crore in 2011 by the then DMK authorities. The successive AIADMK authorities scrapped the proposal and established a multi-speciality hospital within the constructing as an alternative. And it was upheld by a division bench of this courtroom, Justice Kumar identified.

Even these sorts of coverage choices, although detrimental to the curiosity of the individuals, can’t be questioned by means of a judicial assessment, the decide stated.

“Due to this fact, the problem made within the current writ petitions which questioned the order of the Registrar of Co-operative Societies dated July 28, 2021 and a GO dated November 9, 2021 should not higher positioned for any believable purpose within the eye of legislation to intrude with the stated choices taken by means of a coverage of the federal government, by the use of judicial assessment,” the decide noticed.

Although a authorized malafide or political malafide has been alleged on behalf of the petitioner, these causes both are
not accessible on this case or can’t be taken as a floor to intrude with the coverage choice taken by the federal government, because the requirement of the state is to be finest determined solely by the democratically elected authorities, the decide talked about.

Whether or not the state is requiring a State Degree Institute or Nationwide Degree Institute and such sort of Institute is to be situated at `A’ or `B’ or `C’ place is finest to be determined solely by the democratically elected authorities and never by this courtroom, he added.

Due to this fact, this courtroom doesn’t need to intrude with the choice taken by the current authorities, which is mirrored within the impugned communication in addition to the GO, the decide added and dismissed the petitions.

Earlier than parting with the case, Justice Kumar gave sure solutions to the federal government, to observe or to have in mind whereas reviewing the choice taken by the earlier dispensations.

On this regard, even an alternate proposal for one of the best utility of the fund already spent is probably not a full and anticipated utilization, for which the challenge was initially conceived and applied.

Merely as a result of the sooner authorities was from a unique political dispensation and the current one is of a unique political dispensation, all choices taken by the sooner authorities needn’t be reviewed.

Nevertheless, sure choices taken by the sooner authorities, if it’s not good for the welfare of the individuals at massive or the society, these choices could be reviewed and various administrative options could be given, the decide stated.



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