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AFFIDAVIT OF THE PETITIONER
I, A. MOHAN DOSS, S/o. Antony, Advocate

IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)

W.P. No. of 2024

A.MOHAN DOSS
Anand Block, 1st Floor, No.102, Chithra Avenue,
No.9, Choolaimedu High Road,
Chennai – 600 094
… Petitioner
-Vs-

  1. The State of Tamil Nadu,
    Represented by the Chief Secretary,
    Fort St George,
    Chennai – 600009.
  2. The Principal Secretary to Government,
    Home, Prohibition and Excise Department,
    Government of Tamil Nadu,
    Fort St George,
    Chennai – 600009.
  3. The Principal Secretary to Government,
    Department of Health and Family Welfare,
    Government of Tamil Nadu,
    Fort St George,
    Chennai – 600009.
  4. The Director General of Police,
    Dr. Radhakrishnan Salai,
    Mylapore,
    Chennai – 600004.

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  1. The Additional Director General of Police, Prohibition Enforcement Wing,
    DGP Office Complex, New Building Annex B, Kamaraj Salai, Mylapore, Chennai – 600004.
  2. The District Collector,
    Kallakurichi District,
    Kesavalu Nagar, V.O.C.Nagar, Kallakurichi – 606202.
  3. The Superintendent of Police,
    Kallakurichi District,
    Kalaivani Nagar,
    Kottaimedu,
    Kallakurichi – 606202.
  4. The Director,
    Central Bureau Of Investigation,
    Plot No. 5-B, 6th Floor, CGO Complex, Lodhi Road, New Delhi – 110003.
  5. The Joint Director and Head of Zone, Central Bureau Of Investigation,
    III Floor, E.V.K., Sampath Building,
    College Road,
    Chennai – 600006
  6. The Deputy Superintendent of Police,
    CB-CID,
    Kallakurichi District – 606202.
    … Respondents
    AFFIDAVIT OF THE PETITIONER
    I, A. MOHAN DOSS, S/o. Antony, Advocate, aged about 54 years, resident at Anand Block, 1st Floor, No.102, Chithra Avenue, No.9, Choolaimedu High Road, Chennai – 600 094, regularly practicing Advocate before the
    -3-
    Hon’ble Madras High Court, do hereby solemnly affirm and sincerely state as follows:-
  7. I respectfully submit that I am the Petitioner herein and am well acquainted with the facts of the present case. I further state that this public interest litigation is not filed with any personal interest but in the welfare of the public at mind and not made on vexatious and frivolous grounds. I further submit that I am filing this public interest litigation with my own funds and I undertake that I will pay the cost if any, if the present petition is found to be intended for personal gain or oblique motive. I am an Income Tax Assesse with PAN No: AKWPM9845P, Aadhar No. 451805148132, Annual Income from Profession: Gross Receipts of Rs.12,00,000/-.
    I belong to the ST community.
  8. I submit that I am an Advocate practicing before the Hon’ble High Court of Judicature at Madras and permanently residing at Chennai City and I have filed many numbers of PIL Writ Petition before this Hon’ble Court to espouse the cause of the public at large. I am handling cases relating to the SC/ST community and voicing for the upliftment and development of the said community. I am the president of Bharath Dr. Ambedkar Bar Association and Bharath Schedule Tribes Welfare Association and the Chairman of the Indian Tribes Educational & Charitable Trust.
  9. I respectfully submit that the alcohol prohibition in Tamil Nadu is governed by the State Prohibition and Excise department as per the Tamil Nadu Prohibition Act, 1937. Tamil Nadu State Marketing Corporation (TASMAC), a state government – owned company, controls the wholesale and retail vending of alcoholic beverages in the state.

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  1. I submit that the Madras Abkari Act, 1886 set in place a strict regulation that banned the local manufacturing of alcohol and confined it to central distilleries where excise duty was paid prior to being sold. This British tax policy favored the consumption of foreign liquors over more traditional drinks such as toddy and country liquors. One fifth of the erstwhile Madras Presidency population consumed alcohol and excise revenue from Madras Presidency accounted as much as 38% to its total revenue.
  2. I submit that major Indian freedom struggle such as Swadeshi, Non – Cooperation and Civil Disobedience movement played vital role in anti – alcohol agitation. It was Government under the leadership of C. Rajagopalachari the alcohol prohibition was imposed in Salem District and then later it was extended throughout the Madras Presidency.
  3. I submit that though prohibition was relaxed on other States post independence including Madras Presidency regions, Tamil Nadu Continued to adopt total prohibition until 1971, however, the government led by DMK under the leadership of M. Karunanidhi suspended it in 1971 and allowed the sale of arrack and toddy. Later, the sale of these were stopped in the year 1974, it was in the year 1981 the AIADMK Government led by M.G. Ramachandran lifted prohibition and reintroduced the sale of arrack and toddy as there was wide use of the methanol in industries and there were no restrictions in other States.
  4. I submit that in the month of September, 1984 methanol was removed from the purview of the Tamil Nadu Prohibition Act. However, in the year 1987, the sale of arrack and toddy was again banned. Between the years 1975 – 1976 and 1988 – 1990, illicit liquor claimed many lives in Tamil Nadu. It was only in the 2002 methanol was brought again under the Prohibition
    Act.
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  5. I submit that though there is a prohibition on sale of illicit liquor, yet it is being prepared and sold in various places in the State of Tamil Nadu including Districts such as Chengalpattu and Villupuram and the epicenter of illicit liquor being Kallakurichi District. on 19.06.2024 the shocking news that went viral both in Visual and Print media that due to consumption of illicit arrack (methanol mixed illicit country liquor) over twenty people from kallakuruchi district in the northern part of Tamil Nadu were hospitalized and at least five persons died. It is pertinent to state that 65 persons have died (including 5 women) and more than 150 people are hospitalized till date.
  6. I submit that the said incident at Karnapuram Village, Kallakurichi District was a tragedy as it took more than 50 lives. The people in the vicinity where the tragedy took place assert that over the years the brewing of illegal alcohol has been regularized in such a way that it is being carried out using the “auction route”. The prime accused in the tragedy which claimed more than 50 lives, Kannukutty has been operating his illegal liquor business for 25 years, he started off by selling locally brewed liquor and later switched to selling smuggled liquor bottles from Pondicherry, rectified spirit (RS) and methanol – laced arrack sachets.
  7. I respectfully submit that since 2021 various incident have taken place in the State of Tamil Nadu, one such incident which took place on 15.05.2023., in Marakkanam Village, Villupuram District, in which 17 innocent people were found dead and no stringent action has been taken to the said incident. I submit that on witnessing the said incident, the National
    Human Rights Commission (NHRC) issued notice to the Tamil Nadu Government over the death of 20 people after they allegedly consumed spurious liquor in the Districts of Villupuram and Chengalpattu. The death
    -6-
    toll in the spurious liquor has gone up to 20 while over 50 peoples were affected. The commission has observed that, the content of the media is found to be true and the same amounts to violation of right to life of the people. Accordingly, it had issued notice to the chief secretary and the director general of police state of Tamil Nadu. The NHRC commission has observed that the illicit liquor sold as arrack was a cocktail of methanol, and chemical water and the same was mostly consumed by the fishermen’s from the costal area of Tamil Nadu.
  8. I further submit that in the Marakkanam illicit arrack case the investigation was transferred to CB-CID as well. But till date there is no improvement in the investigation and as a result there is a serious threat of offenders escaping from the clutches of law. Further, the sale of illegal arrack is continuing in the state of Tamil Nadu and the same could not be prevented by the police department.
  9. I submit that the prime accused in the said tragedy has been procuring Rectified Spirit (RS) from Puducherry with the help of his relatives at Cuddalore and the sale of illicit liquor is not from brewing of alcohol from the nearby Kalvarayan hills as alleged by the Police authorities. It is pertinent to note that the brewing of illegal liquors from the nearby Kalvarayan hills contain ingredients such as Kadukai (Myrobalan), Veppam Pattai (Dried Neem Bark) Bannana, grapes, fruits that are rotten, urea and other items and consuming that alcohols does not create problems and therefore people did not care much about the same.
  10. I submit that, however, the prime accused in the said offence had been selling illicit liquor which is methanol – laced arrack in sachets. The said accused used to engage in the trade of illicit liquor with impunity, due to the strong backing of the police and other local officials. I reliably learnt that
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    everyone, including government officials were aware that the prime accused Kannakutty was selling illicit liquor, but those who complained against him were threatened and it was often the Police themselves who would give away the number of the complaints to him, who in turn would find out the names of the complainants and threaten them with dire consequences.
  11. I respectfully submit that even after knowing that mixing of methanol will claim the lives of those who consume, the above said Kannakutty with the involvement of many police officials and many DMK functionaries including local MLA, M.P., Minister and Local body officials intentionally sold methanol mixed illicit arrack in the locality where SC/ST people; others belonging to the same community has been hospitalised. It is necessary to state that among the affected people SC (Paraiyar) and ST (Kattunayakan) were in majority and they belong to manual labour class. Apart from death causality, many have lost their eyes, have become deaf and internal organs have malfunctioned. It is pertinent to state that even young children have been affected by the above-mentioned man-made tragedy, wherein one child studying 6th Class (12 years of age) has also been hospitalized.
  12. I submit that the relationship of the prime accused with the Police authorities and other Politicians including the MLA and M.P’s of the ruling State government is such that nobody questioned him or dared to take any action against him. I am reliably informed that even the officials with the Prohibition Enforcement Wing have nexus with the said accused Kannakutty. The officials of the Prohibition Enforcement wing insisted him to stop the sales after the illicit liquor tragedy that happened last year in Villupuram and Chengalpattu Districts, which led to the death of 22 people. The Police authorities have asked him to shut down the business for a month which again started with the knowledge and aid of the authorities.

-8-

  1. I further submit that the influence of the said accused is such that the revenue administration of the district ended up altering a proposed road route in Karunapuram to accommodate his house to facilitate the sale of illicit liquor, as his house has been located on a government poramboke land. The district administration was supposed to lay a road in the area five years ago and his house fell in the middle of the proposed route, but he refused to give up the land and because of his influence, the officials ended up changing the proposed route to avoid his house, despite it being built on government land.
  2. I submit that it is the statement of the mother of Kannakutty, the prime accused in the tragedy that he has bought the liquor six days ago directly from the people who were brewing it, and it was not him who brewed the liquor. It is the duty of the police authorities to investigate the issue and prevent the illicit sale of liquor to protect the loss of valuable human lives.
  3. I respectfully submit that though the local police registered a case and alleged to have arrested the prime accused Mr. K.Kannukutty, the case was registered by the local police and subsequently the investigation was transferred to CB-CID, the 10th Respondent herein. Though the investigation in the incident of Villupuram and Chengalpattu Districts which claimed 22 lives were taken over by the 10th respondent, however, the sale of illicit liquor has not been curbed by them.
  4. I respectfully submit that it is pertinent to point out that the casualties that occurred from the above said incident, 90% belong to SC and ST communities and this gives the incident a different colour. Inspite there clearly being an atrocious and tragic act/incident being committed SC/ST community, the police did not invoke the provisions of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. This is
    -9-
    nothing but a clearcut case of colourable exercise of power by the police officials.
  5. I respectfully submit that the sale of illicit arrack is an offence as per the Tamil Nadu Prohibition Act 1937, in spite of which the accused person with the help of government officials as well as the local politician had been indulging in selling of illicit arrack and due to which we have witnessed such a tragic incident in the State of Tamil Nadu.
  6. I respectfully submit that immediately upon the said tragic death on 19.06.2024, the collector of kallakuruchi District without proper investigation issued a statement during the press meet stating that the sole reason for cause of death is not only consumption of illicit arrack, and upon hearing the statement of the collector, I was put to shock that the higher authority of the particular district has given a statement contrary to the said incident. I further suspect that such statement would have been said for the reason for aiding the erring officials and other accused person from being caught/arrest for committing the said offence.
  7. I respectfully submit that the sale of illegal arrack has been tremendously high in the state of Tamil Nadu since the present government came into power in the year 2021 to till date. The present government has not taken any proper action for prohibiting the sale of illicit liquor. It is the primary duty of the present government to take appropriate and stringent action against the persons involved in the sale of illicit liquor but looking into the previous incident as mentioned above it is seen that the entire State Missionary has failed to look into the sale of illicit liquor seriously and to prevent the same.

-10-

  1. I further respectfully submit that it has been stated by the 1st respondent that 10 individuals involved in the illicit arrack/hooch tragedy have been arrested and charged with murder. One Govindaraj @ Kannukutty, was apprehended with 200 liters of spurious liquor, which has been sent for forensic analysis. Over 2,000 police personnel from various districts have been deployed in Kallakurichi to manage the situation. It was further stated that Mr.Samay Singh Meena, I.P.S., Superintendent of Police, Kallakurichi has been suspended, and that the District Collector, Kallakurichi Mr. Sravan Kumar Jatavath I.A.S., has been transferred. In the said circumstances the 1st respondent had ordered a CB-CID probe and ordered to investigate the incident thoroughly. Apart from this, one man commission has been constituted headed by Hon’ble Justice B. Gokuldas (Rtd) to make recommendations to the government on measures to be taken to prevent recurrence of such incidents and also look into the reasons for the Kallakurichi deaths.
  2. I respectfully submit that the constitution of India under Article 47 mandates the State with the duty and power to protect the people of the country from consuming such kind of illicit liquor sold unauthorizedly by the accused persons. Article 47 of the Constitution of India is extracted hereunder;

“47. Duty of the State to raise the level of nutrition and the standard of living and to improve public health.— The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.”

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  1. I submit that in spite of repeated complaints from the Local public, the state has failed to prevent the sale of illicit arrack and, I also suspect that the said business is taking place with the help of present ruling Government and police officials. And further the present government has not taken any proper action for prohibiting the sale of illicit arrack. It is the primary duty of the present government to take appropriate and stringent action against the persons involved in the sale of illicit arrack but looking into the previous incident as mentioned above it is seen that the entire State Missionary has failed to look into this matter seriously and to prevent the same.
  2. I further respectfully submit that the persons who were directly and indirectly involved, i.e., MLA, M.P/. Minister, District Collector, District Superintendent of Police, including Government Officials, Police Officials, Forest Officials, DMK functionaries, Local body office bearers, and Officers in Prohibition Enforcement and also subordinate officers in the Government (especially VAO) and police department for the preparation of illicit arrack in karunapuram village, kallakurichi has claimed the lives of 63 persons (including 5 women) and more that 150 persons hospitalized. Therefore, when a high dignitaries and influential persons are involved in a case where the victims belong to SC/ST community, an efficient and unbiased and independent investigation agency/body i.e., CBI must be the investigation authority in this case in order to make the investigation fair and reasonable and to meet the ends of justice. However, since the investigation is being kept under wraps, I do not have a copy of the FIR nor the details of the FIR registered and the specifics of the same. Therefore, I am unable to produce a copy of the same before this Hon’ble Court.
  3. I respectfully submit that since the incident occurred adjacent to a police station and there are strong allegations of police authorities involving in the offence, the present transfer of investigation to CB-CID which is also
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    another limb of the State Government, directly under the Home Department of the State, would vitiate the purpose of transfer of the investigation. Further, the methanol which is used to prepare the illicit liquor has been either purchased or transported from the neighboring State/Union Territory, and only when there is an investigation by an agency such as C.B.I which has inter state powers, action can be taken against the real offender to protect the sale of illicit liquors and prevent the loss of valuable human lives.
  4. I further submit that there is every possibility that the 10th respondent will protect the officials of the police department and the M.L.A’s and M.P’s of the ruling government who are alleged to have been involved in the offence. Therefore, in order to have a free impartial, transparent and unbiased investigation to bring down all the offenders involved in the illicit arrack/hooch tragedy which has caused death of an 65 innocent public which is unprecedented in terms of casuality, an independent investigation agency/body i.e., Central Bereau of Investigation (CBI) must be the investigation authority in this case in order to make the investigation fair and reasonable and to meet the ends of justice.
  5. I respectfully submit that the present ruling government which failed in every aspect in preventing the sale of illicit arrack and due to frequent death of the people of Tamil Nadu on consuming the illicit arrack has, I have come forward praying this Hon’ble High court by filing this public interest litigation to transfer the investigation to the Central Bureau of Investigation and also to form a special Department/Team to investigate similar offence in future.

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In the above Circumstance, it is therefore humbly prayed that this Hon’ble High Court may be pleased to issue a Writ or Order or Direction in the nature of WRIT OF MANDAMUS directing the 10th Respondent to Transfer and handover the Investigation involved in the kallakurichi illicit arrack incident to the 8th and 9th respondents, the Central Bureau of Investigation and pass such further or other orders as this Hon’ble Court may deem fit and proper to pass in the facts and circumstance of the present case and thus render justice.

Solemnly affirmed at Chennai, BEFORE ME
On this the day of July, 2024 and signed his name in my presence
ADVOCATE

MEMORANDUM OF WRIT PETITION
(Under Article 226 of Constitution of India)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)

W.P. No. of 2024

A.MOHAN DOSS
Anand Block, 1st Floor, No.102, Chithra Avenue,
No.9, Choolaimedu High Road,
Chennai – 600 094
… Petitioner
-Vs-

  1. The State of Tamil Nadu,
    Represented by the Chief Secretary,
    Fort St George,
    Chennai – 600009.
  2. The Principal Secretary to Government,
    Home, Prohibition and Excise Department,
    Government of Tamil Nadu,
    Fort St George,
    Chennai – 600009.
  3. The Principal Secretary to Government,
    Department of Health and Family Welfare,
    Government of Tamil Nadu,
    Fort St George,
    Chennai – 600009.
  4. The Director General of Police,
    Dr. Radhakrishnan Salai,
    Mylapore,
    Chennai – 600004.

-2-

  1. The Additional Director General of Police, Prohibition Enforcement Wing,
    DGP Office Complex, New Building Annex B, Kamaraj Salai, Mylapore, Chennai – 600004.
  2. The District Collector,
    Kallakurichi District,
    Kesavalu Nagar, V.O.C.Nagar, Kallakurichi – 606202.
  3. The Superintendent of Police,
    Kallakurichi District,
    Kalaivani Nagar,
    Kottaimedu,
    Kallakurichi – 606202.
  4. The Director,
    Central Bureau Of Investigation,
    Plot No. 5-B, 6th Floor, CGO Complex, Lodhi Road, New Delhi – 110003.
  5. The Joint Director and Head of Zone, Central Bureau Of Investigation,
    III Floor, E.V.K., Sampath Building,
    College Road,
    Chennai – 600006
  6. The Deputy Superintendent of Police,
    CB-CID,
    Kallakurichi District – 606202.
    … Respondents

-3-
WRIT PETITION
The Petitioner submits as under:

  1. The address for service of all notices and notices on the Petitioner is that of his counsels M/s.ELEPHANT RAJENDRAN, G.S. SUDHARSAN and I.MATHAN KUMAR Advocates, No.71, Addl. Law Chambers, High Court Building, Chennai – 600 104.
  2. The address of service of all process and notices on the respondents is as stated above. For the reasons stated in the accompanying affidavit, it is humbly prayed that this Hon’ble High Court may be pleased to issue a Writ or Order or Direction in the nature of WRIT OF MANDAMUS directing the 10th Respondent to Transfer and handover the Investigation involved in the kallakurichi illicit arrack incident to the 8th and 9th respondents, the Central Bureau of Investigation and pass such further or other orders as this Hon’ble Court may deem fit and proper to pass in the facts and circumstance of the present case and thus render justice.

Date at Chennai, on this 2nd day of July, 2024

Counsel for the petitioner

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