Madras High Court Admits Plea Against TASMAC Online Liquor Sales

The Madras High Court on Thursday admitted a petition challenging the Tamil Nadu government's proposal to sell liquor through the online portal of the Tamil Nadu State Marketing Corporation (TASMAC).

A division bench headed by Chief Justice Sushrut Arvind Dharmadhikari admitted the plea and issued a notice to the state government, returnable in four weeks.

The petition was filed by advocate K. Balu of the Pattali Makkal Katchi (PMK). In the plea, Balu contended that the government order enabling the online sale of liquor was illegal, unjust, and amounted to a colourable exercise of power.

Arguing that the decision went against the broader public interest, the petitioner submitted that online liquor purchases contravene established statutory rules as well as past judgments delivered by both the High Court and the Supreme Court.

Balu highlighted Article 47 of the Constitution of India, noting that it places a duty upon the state to raise the level of nutrition and standard of living of its people, and specifically mandates efforts toward the prohibition of intoxicating drinks that are harmful to health. He contended that introducing an online liquor distribution system directly contradicts the constitutional obligations of the state government.

The plea also raised concerns regarding the enforcement of age restrictions. While existing statutory rules strictly prohibit the sale of alcoholic beverages to persons under 21 years of age, Balu pointed out that an online mechanism would allow underage individuals to order alcohol using another person's profile, making effective regulation and enforcement virtually impossible.

The petitioner further stated that the new sales system had been introduced merely through executive directions rather than appropriate legislative procedure, calling it an arbitrary exercise of power that stands in conflict with existing laws.