Plea in Madras High Court challenges TASMAC online liquor booking facility

A public interest litigation (PIL) petition has been filed before the Madras High Court challenging the Tamil Nadu State Marketing Corporation’s (TASMAC) recently launched online liquor booking facility.

The petition filed by advocate K Balu, president of the Advocates’ Forum for Social Justice, has sought an interim injunction restraining TASMAC from operating its online booking portal and QR code-based collection mechanism.

The facility allows customers aged 21 years and above to check the availability and maximum retail price of liquor, make payments online and collect their purchases from selected TASMAC outlets using a QR code. It does not provide for home delivery.

The petition challenges an August 7 circular issued by TASMAC introducing the facility. It contends that the online booking mechanism was launched through executive instructions without amending 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 states.

Balu has argued that the facility makes liquor more easily accessible and is contrary to Article 47 of the Constitution, which requires the State to endeavour to prohibit intoxicating drinks injurious to health.

The petition has also raised concerns over the mechanism adopted to verify the age of customers. According to the plea, the system relies on self-declaration and one-time password verification to confirm that a customer is at least 21 years old.

It argues that a minor could place an order using another person’s account or collect the bottles using a transferable QR code.

“Generating a transferrable QR code for store collection creates a loophole that anyone possessing the QR code can collect the bottles at the counter,” the petition says.

The plea further claims that TASMAC employees are already dealing with staff shortages and that the online facility could increase their workload and cause crowd management and law-and-order problems at retail outlets.

It alleges that liquor worth around ₹20 lakh was sold through the portal between August 8 and 9.

The petition has also challenged part of a July 24 government order constituting a Revenue Augmentation Committee. One of the committee’s terms of reference asks it to recommend ways to increase revenue from alcohol meant for human consumption through changes in liquor regulation and taxation policy.

Balu has contended that asking a government committee to explore measures for increasing liquor revenue is inconsistent with the State’s constitutional obligation under Article 47.

The petitioner has sought a declaration that the online booking scheme and the committee’s mandate concerning alcohol revenue are unconstitutional and contrary to the Tamil Nadu Prohibition Act, 1937.

The petitioner is being represented by advocates MR Elavarasan and V Sivaraman.