100s of titles, one news app for just $10 a month.
Dive Deeper:
How can HR&CE dept use ₹45 crore from temple funds to build old age homes? asks HC
Records Advocate General’s submission that no money will be appropriated for six weeks by which time a counter affidavit shall…
HC judge hears an urgent temple case through WhatsApp video call on Sunday
He says the trustee’s fervent prayer that his village might end up facing divine wrath made him hold the sitting
Supreme Court asks Allahabad HC registrar general to respond on process adopted for listing criminal appeals
New Delhi The Supreme Court has taken note of the pendency of appeals in the Allahabad High Court an
Plea on hate speech: SC permits petitioner to implead Election Commission as party
New Delhi The Supreme Court Friday permitted a petitioner, who is seeking direction to the Centre
One subscription that gives you access to news from hundreds of sites
Text and History for Thee but Not for Me?
The Court makes other people follow the text and history, but at least when it comes to certiorari, the justices…
SC restrains son from dealing in properties of 89-year-old mother, suffering from dementia
NEW DELHI: "You seem to be more interested in her properties. This is the tragedy of senior citizens in our…
Get all your news in one place
Latest National news:
Great day for a walk and talk
It's National Walk Safely to School Day on Friday
Read news from The Economist, FT, Bloomberg and more, with one subscription
Learn More
$7 million Berrima gaol to house a different type of guest
The onetime Southern Highlands gaol has been sold and will be redeveloped.
A Sinkhole With An Ancient Forest At The Bottom Was Found In China & Rappel Me Down, Boys
Surely this means dinosaurs.
Monique Ryan to lodge legal challenge after AEC anomaly prevents thousands of Covid-positive Australians voting
Teal independent says she will lodge federal court challenge as AEC admits people who tested positive early this week but…
Australian election briefing: Labor reveals costings as Morrison bulldozes through wage questions – plus a painted rabbit
Thursday: The best of Guardian Australia’s 2022 federal election coverage
From analysis to good news, read the world’s best news in one place
This New Study Says Pugs Have So Many Health Issues They’re Not Even ‘Typical Dogs’ Anymore
Researchers behind the study said pugs "can no longer be considered a typical dog".
'I did it': Alleged killer spoke of going 'on the run', court told
The boy denies murdering an 18-year-old man during a fight at a Canberra skatepark.

Successive governments in T.N. have taken a consistent policy on liquor sale despite its ills, laments Madras HC

By Mohamed Imranullah S.

While upholding the right of an elected government to review policy decisions taken by the previous government, the Madras High Court on Saturday lamented that successive governments in the State had taken a consistent policy on sale of liquor alone, though it is “detrimental to the welfare of people and interest of the society at large.”

Dismissing a case against government’s latest decision on establishing a cooperative training institute, Justice R. Suresh Kumar wrote: “In certain areas alone, all successive governments, for several decades in this State, have consistently taken same policy decision which support the earlier government’s decision irrespective of the political dispensation.

“Some of such kind of decisions taken, though are detrimental to the welfare of the people and interest of the society at large in the State, the successive governments have not given up such policy because they have an eye on the revenue for the State exchequer.”

He went on to write: “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... knowing well that such a policy decision is certainly injurious and detrimental to people at large and also against the growth of the State.”

The judge rued that such policy decisions, despite being detrimental to the interests of the society at large, could not be subjected to judicial review. “Courts have laid off their hands when these policy decisions were questioned,” he said.

Therefore, the present cases filed by G. Sendrayan, president of Yercaud Lamp Cooperative Society in Salem district, challenging government’s decision to stop construction of a State-level cooperative training institute at Yercaud Taluk could not be entertained. There were no plausible reasons in the eye of law to interfere with such policy decision, the judge said.

Initially, the writ petitioner had moved the court challenging a letter written by the Registrar of Cooperative Societies on July 28, 2021 to stop construction of the training institute. The litigant pointed out the construction work had begun only after the previous AIADMK government had sanctioned ₹61.8 crore in December 2020 and released first instalment of ₹15 crore.

He wondered whether the administrative decision of the Registrar was backed by any policy decision taken by the incumbent DMK government. Subsequently, a Government Order was issued on November 16, 2021 cancelling the December 2020 G.O. by which ₹61.8 crore was sanctioned. Hence, the petitioner filed another writ petition challenging the 2021 G.O. and claimed that it was an after thought.

However, Advocate General R. Shunmugasundaram produced official files before the court and pointed out that the decision to stop the construction of a State-level institute in Yercaud was taken on July 3, 2021, at a review meeting chaired by Chief Minister M.K. Stalin. In the meet, the institute at Yercaud was considered a wasteful expenditure since two similar institutes were already functioning in Chennai and Madurai.

It was also found that the Yercaud institute was initially planned at only ₹15.84 crore but the amount was raised to ₹61.8 crore in 2020 without plausible reasons. The incumbent government, therefore, decided to drop this project and instead establish a national-level cooperative training institute, at a much larger scale, in Kodaikanal and use the present 4.33 acres of land at Yercaud for a tribal cooperative society, the A-G said.

Convinced with his submissions, the judge held that he did not find any colourable exercise of power to interfere with the change in the policy decision. He also recalled that the courts had already approved such change in policy decision when the previous AIADMK government decided not to shift the Legislative Assembly and Secretariat to a new building constructed during the DMK regime.

Giving a piece of advice to democratically-elected governments, Justice Kumar wrote: “Merely because the earlier government was from a different political dispensation, all decisions taken by the earlier government need not be reviewed. However, certain decisions taken by the earlier government, if it is not good for the welfare of the people at large or the society, can be reviewed and alternative best administrative solution can very well be given.”

The judge had reserved orders on both the writ petitions together on December 16 and pronounced his verdict on Saturday.

What is inkl?
The world’s most important news, from 100+ trusted global sources, in one place.
Morning Edition
Your daily
news overview

Morning Edition ensures you start your day well informed.

No paywalls, no clickbait, no ads
Enjoy beautiful reading

Content is only half the story. The world's best news experience is free from distraction: ad-free, clickbait-free, and beautifully designed.

Expert Curation
The news you need to know

Stories are ranked by proprietary algorithms based on importance and curated by real news journalists to ensure that you receive the most important stories as they break.

Dive Deeper:
How can HR&CE dept use ₹45 crore from temple funds to build old age homes? asks HC
Records Advocate General’s submission that no money will be appropriated for six weeks by which time a counter affidavit shall…
HC judge hears an urgent temple case through WhatsApp video call on Sunday
He says the trustee’s fervent prayer that his village might end up facing divine wrath made him hold the sitting
Supreme Court asks Allahabad HC registrar general to respond on process adopted for listing criminal appeals
New Delhi The Supreme Court has taken note of the pendency of appeals in the Allahabad High Court an
Plea on hate speech: SC permits petitioner to implead Election Commission as party
New Delhi The Supreme Court Friday permitted a petitioner, who is seeking direction to the Centre
One subscription that gives you access to news from hundreds of sites
Text and History for Thee but Not for Me?
The Court makes other people follow the text and history, but at least when it comes to certiorari, the justices…
SC restrains son from dealing in properties of 89-year-old mother, suffering from dementia
NEW DELHI: "You seem to be more interested in her properties. This is the tragedy of senior citizens in our…
Get all your news in one place