HC dismisses petition as petitioner had not approached court with clean hands
The Madurai Bench of the Madras High Court has dismissed a petition filed by a petitioner who had complained about irregularities in the functioning of two Tasmac shops in Palanichettipatti in Theni district after it was brought to the notice of the court that the petitioner himself had indulged in illegal liquor sales.
The court was hearing a petition filed by U. Aajik Arabukani of Palanichettipatti, who complained that liquor was being sold round the clock at the two Tasmac shops, and this seriously affected the residents. Earlier, the court had ordered the closure of the two Tasmac shops and directed the Theni Collector to conduct an inquiry and file a report.
Relying on the Theni Collector’s report, the State submitted that the petitioner was involved in illegal liquor sales and six FIRs were registered against him in this regard. Fine was imposed on him. It was also submitted that there was no illegality committed by the Tasmac shops as alleged by the petitioner and they were functioning as per the prescribed rules.
A Division Bench of Acting Chief Justice D. Krishnakumar and Justice R. Vijayakumar observed that the petitioner had no locus standi to file the writ petition as public interest litigation. He had not approached the court with clean hands and was not entitled for any relief.
Dismissing the petition, the court made it clear that if there was any illegal activity with regard to selling liquor, a complaint shall be made to the authority concerned for taking necessary action.
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