THE STATE OF TAMIL NADU REP. BY SEC. & ORS. versus K. BALU & ANR.

Citation: [2017] 14 S.C.R. 614 · Decided: 13-11-2017 · Supreme Court of India · Bench: DIPAK MISRA, D.Y. CHANDRACHUD, A.M. KHANWILKAR · Disposal: Disposed off
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Judgment (excerpt)

[2017] 14 S.C.R. 614 
A 
THE STATE OF TAMIL NADU REP. BY SEC. & ORS. 
v. 
K. BALU & ANR. 
(I. A. Nos. 1060-1062 of2017) 
B 
m 
(Civil Appeal Nos. 12164-12166 of2016) 
NOVEMBER 13,2017 
[DIPAK MISRA, CJI, A. M. KHANWILKAR AND 
c 
DR. D. Y. CHANDRACHUD, JJ.] 
Liquor: National Highways and State Highways - Drink and 
drive accidents - I.A. seeking clarification of order dated 11 July 
2017 - By order dated II .July 2017, this Court had made 
observation that the purpose of the direction contained in order 
dated 15 December 2016 was to deal with the sale of liquor along 
D 
and in proximity of highways which provide connectivity between 
cities. towns and villages - The order did not prohibit /icenced 
establishments within municipal areas - It further noted that the 
said obsen1ation would govern other municipal areas as well - Held: 
The observation in order dated 11 Ju~y 2017 make it clear that the 
E purport of judgment dated 15 December 2016 is to prohibit 
co1111ee1ivi~y between cities. towns and villages - In other words, 
this will 110! operate to prohibit licenced establishments within. 
municipal areas - The clarification to the e.ffect that it "shall govern 
other municipal areas as well" is c/earzv intended to set the matter 
at rest in relation to other parts of the country so .as to obviate the 
F 
need for repeated applications before this court - The expression 
"other municipal areas" will apply to all municipal areas wherever 
situated - Jnterlocyt01:v applications accordingly disposed of 
State of Tamil Nadu v. K. Ba/11 Civil Appeal No. 12164-
12166 of 2016 decided by Supreme Court on 
G 
15.12.2016; Arrive Safe Society of Chandigarh v. The 
Union Territ01y of Chandigarh SLP (C) No. 10243 of 
2017 decided by Supreme Court on ll.7.2017 -
referred to. 
CIVIL APPELLATE JURISDICTION: I. A. Nos. I 060-1062 of 
H 2017 in Civil Appeal Nos. 12164-12166 of2016. 
614 
THE STATE OF TAMIL NADU REP. BY SEC. & ORS. v. 
615 
K. BALU & ANR. 
From the Judgment and Order dated 25.02.2013 in Writ Petition A 
No, 23773 of2012 and Order dated 28.03.2013 in M. P. Nos. 9 and 10 
of2013 in W. P. No. 23773 of2012 of the High Court of Judicature at 
Madras. 
Uday Gupta, Hiren Dasan, Chand Qureshi, Advs. for the 
Appellants. 
-
. B 
Ms. Pinky Anand, ASG, Ajit Kumar Sinha, A .. K. Panda, Mukul 
Rohatgi, Subramonium Prasad. Dr. Manish Singh vi, Sr. Advs., Ms. Binu 
Tamta, Rajcsh Ranjan, P. K. Mullick, Ms. Snidha Mehra, M. Yogesh 
Kanna, Mrs. Sujatha Bagadhi, Sailja Nanda Mishra, Advs. for the 
~00~. 
c 
The following Order of the Court was passed: 
O_RDER 
I. The present application is at the behest of the State of Tamil 
Nadu for clarification ofan Order dated 11 July 2017 passed in Special D 
Leave Petition (Civil) No. 10243 of2017. · 
2 On 15 December 2016, this Court delivered a judgment in State 
of Tamil Nadu v K Balu1, by which the following directions were issued: 
(i) 
All states and union territories shall forthwith cease and 
desist from granting licences for the sale of liquor along 
E 
· national and state highways; 
(ii) The prohibition contained in (i) above shall extend to and 
include stretches of such highways which fall within the 
limits of a municipal corporation, city, town or local authority; 
(iii) The existi.ng licences which have already been renewed 
prior to the date of this order shall continue until the term of 
the licence expires but no later than 1April2017; 
F 
(iv) All signages and advertisements of the availability ofliquor 
shall be prohibited and existing ones removed forthwith both 
on national and state highways; 
G 
(v) No shop for the sale of liquor shall be (i) visible from a 
natio nal or state highway; (ii) directly accessible from a 
national or state highway and(iii) situated within a distance 
'(Civil Appeal No. 12164-12166 of2016) 
H 
616 
SUPREME COURT REPORTS 
[2017] 14 S.C.R. 
A 
of 500 metres of the outer edge of the national or state 
highway or of a service lane along the highway. 
(vi) All States and Union territories are mandated to. strictly 
enforce the above directions. ;Lhe Chief Secretaries and 
. '·' 
Directors General of Police shall within one month chalk 
B 
out a plan for enforcement in consultation with the state 
revenue and home departments. 
Responsibility shall be assigned inter alia to District 
Collectors and Superintendents of Police and other · 
competent authorities. Compliance shall be strictly 
C 
monitored by calling for fortnightly reports on action
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