‘Liquor choice, but nuisance not’: Madras High Court quashes liquor license in Jallikattu-famed region

The division has pronounced the judgement in month of March.

Noting that some village panchayats had passed resolutions twice, objecting to any private liquor shops or bars within their limits, the bench added that the resolution passed by the grama sabha or the village panchayat reflects the public needs that the panchayat is duty-bound to protect, particularly with respect to public health, morality, and welfare of the community.

Background: Conflict of community will and vending

• The case originated from a PIL filed by T Sathiskumar and P Sonai Muthu, challenging the license granted by the commissioner of prohibition and excise to Pons Recreation Club on October 7, 2025.
• The petitioners contended that the Alanganallur Union, which comprises 36 villages and is world-renowned for its Jallikattu cultural values, has historically resisted the establishment of liquor shops.
• The petitioner argued that the Thandalai, Pudupatti, and Mettupatti village panchayats had passed formal resolutions prohibiting the opening of TASMAC outlets or private bars.
• They alleged that the club had circumvented licensing rules by purchasing an older society (NDR Vaigai Sports Recreation Helping Club) and changing its name in early 2025 to bypass the three-year functioning requirement mandated by Rule 19B(2) of the Tamil Nadu Liquor (License and Permit) Rules, 1981.

What Tamil Nadu Prohibition Act say?

• It is to be noted that the Tamil Nadu Prohibition Act,1937, has been entrusted with the prohibition of the manufacture, sale, and consumption of intoxicating liquors and drugs in the state of Tamil Nadu.
• As per Section 4(A) of the Tamil Nadu Prohibition Act, 1937, whoever is found in a state of intoxication in any public place shall be punished with imprisonment for a term which may extend to three months or with a fine which may extend to one thousand rupees.
• The petitioners have stated that two resolutions have been passed by the village panchayat on two occasions, ie, on 05.11.2024 and 11.10.2025, objecting to the opening of the Tamil Nadu State Marketing Corporation Limited (TASMA) Cand private liquor shop.
• When that being so, the commissioner, prohibition and excise department, ought to have considered the objections of the villagers and refrained from granting the license as the same is affecting the public at large.
• There is no specific clause/objective in the by-laws approved by the registrar for the sale of liquor by obtaining an FL2 licence from the prohibition and excise department.

• In the absence of any such clause in the by-laws, which are to be approved under the Tamil Nadu Societies Registration Act, 1975, the selling of liquor in the Recreation Clubs cannot be permitted, and it is a violation of the by-laws of the societies.

‘Village Panchayat is empowered for self-government’

• The village panchayat and the grama sabha, constitutional bodies which are recognised under Part IX of the Constitution of India under Articles 243A, 243G, and the Eleventh Schedule through the 73rd Constitutional Amendment Act of 1992.
• Article 243A confers authority on the gram sabha to function as a body of the people, enabling them to participate directly in decision-making on matters that affect the villagers.
• Article 243G empowers panchayats as institutions of self-government to prepare plans and implement schemes for economic development and social justice.
• The Tamil Nadu Panchayats Act, 1994, provides for the conduct of grama sabha meetings and enables village panchayats to pass resolutions reflecting the needs, priorities, and collective will of the local community.