A public interest litigation (PIL) has been submitted to the Madras High Court, contesting the Tamil Nadu State Marketing Corporation’s (TASMAC) recent introduction of an online liquor booking system. This legal action is spearheaded by advocate K Balu, who serves as the president of the Advocates’ Forum for Social Justice. The petition seeks an interim injunction to halt TASMAC’s operation of its online booking platform and QR code-based collection method.
The newly implemented system permits individuals aged 21 and older to verify liquor availability and pricing, make online payments, and collect their purchases from designated TASMAC outlets using a QR code. Importantly, the service does not extend to home delivery.
The PIL challenges the validity of an August 7 circular issued by TASMAC, which introduced this online booking feature. The contention is that the mechanism was initiated through executive orders without corresponding amendments to the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003. “The statutory framework was enacted to regulate, restrict, and ultimately prohibit liquor, not to modernize or streamline its commercial distribution,” the plea asserts.
Advocate Balu argues that this facility potentially increases the accessibility of alcohol, contradicting Article 47 of the Constitution, which mandates the State to strive for the prohibition of intoxicating substances harmful to health. Concerns have also been raised regarding the age verification process, which relies on self-declaration and one-time password validation, potentially allowing minors to make purchases using another person’s account or collect orders with a transferable QR code. “Generating a transferable QR code for store collection creates a loophole that anyone possessing the QR code can collect the bottles at the counter,” the petition points out.
The plea also highlights operational challenges, noting that existing staff shortages at TASMAC outlets could be exacerbated by the online system, possibly leading to crowd management and law-and-order issues. It is alleged that liquor sales through the portal amounted to approximately ₹20 lakh between August 8 and 9.
Furthermore, the petition disputes a portion of a July 24 government order that established a Revenue Augmentation Committee. This committee is tasked with recommending strategies to enhance revenue from alcohol sales through adjustments in liquor regulation and taxation policies. Balu argues that such a directive conflicts with the State’s constitutional duty under Article 47.
The petitioner is seeking a court declaration that both the online booking scheme and the committee’s revenue-enhancing mandate are unconstitutional and in violation of the Tamil Nadu Prohibition Act, 1937. Legal representation for the petitioner is being provided by advocates MR Elavarasan and V Sivaraman.
