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Successive govts cancel projects started by previous regimes, but not liquor policy: Madras HC


The Madras High Court on Saturday acknowledged 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 many years.

In sure areas, all successive governments for a number of many years in Tamil Nadu had constantly taken some coverage choices which supported those of the earlier authorities no matter the political dispensation, Justice R Suresh Kumar noticed.

Though some such choices have 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 that they had an eye fixed on the income for the state exchequer, the choose identified.

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

“Illustratively, this Court can point out that, in respect of prohibition policy, for the past about five decades, very many successive governments have been continuously and steadily following the same prohibition policy, under which the State either through licensees or through state agency like TASMAC made available liquor to the people to their most convenient manner and place,” the choose mentioned.

Justice Kumar additional mentioned, “…such a prohibition policy decision is certainly injurious and detrimental to the people at large in this state and also against the growth of the state. The only reason these successive governments have given to the people to continue to follow the same prohibition policy is that it is a large revenue source for the government.” On the opposite, the choose additionally referred to the development of a brand new Assembly and Secretariat constructing at Omandurar Government Estate 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 a substitute. 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 evaluation, the choose mentioned.

“Therefore, the challenge made in the present writ petitions which questioned the order of the Registrar of Co-operative Societies dated July 28, 2021 and a GO dated November 9, 2021 are not better placed for any plausible reason in the eye of law to interfere with the said decisions taken through a policy of the government, by way of judicial review,” the choose noticed.

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

Whether the state is requiring a State Level Institute or National Level Institute and such form 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.

Therefore, this courtroom doesn’t wish to intervene with the choice taken by the current authorities, which is mirrored within the impugned communication in addition to the GO, the choose added and dismissed the petitions.

Before parting with the case, Justice Kumar gave sure solutions to the federal government, to comply with or to keep in mind whereas reviewing the choice taken by the earlier dispensations.

In this regard, even an alternate proposal for the most effective utility of the fund already spent will not be a full and anticipated utilization, for which the challenge was initially conceived and carried out.

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.

However, 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 might be reviewed and various administrative options might be given, the choose mentioned.





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