Supreme Court Overturns Order on Wine Shop Closure

Published on: Feb 24, 2024, 2:24 pm

In a recent development, the Supreme Court overturned its previous order to shut down a wine shop situated 150 meters from an educational institute in Puducherry. The Court cited the relaxation of restrictions on liquor shops near highways, stating that the 2016 judgment had been modified since then.

Chief Justice of India DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, recalled the March 2023 order, directing the case back to the Madras High Court for a fresh decision. The Court acknowledged that subsequent orders in 2017 and 2018 had relaxed the limitations set in the State of Tamil Nadu v. K Balu (2016) judgment.

The apex court emphasized that these changes might not have been brought to its attention during the March 2023 decision to close the Puducherry wine shop. The order stated, “Having recalled the order of this Court dated 20 March 2023, we are of the considered view that it would be appropriate to set aside the impugned order of the High Court and to restore the Writ Petition No 26624 of 2021 which was instituted before the High Court of Madras.”

The review petitions, filed by the Puducherry government and the affected liquor licensee, prompted the reconsideration of the March 2023 judgment. The Puducherry government contested the correctness of the decision, challenging the 500-meter restriction on wine shops near educational institutions or religious places.

The matter is now remanded to the High Court for a fresh decision, taking into account the current legal position. The Supreme Court’s order reflects the evolving dynamics surrounding liquor shop regulations, particularly concerning proximity to schools and religious sites.