Kerala High Court
Monday vs For Information Purpose Only on 12 April, 2021
WP(C) 7852/2021 1/6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
Monday,the 12th day of April 2021/22nd Chaithra, 1943
WP(C) No.7852/2021 (F)
PETITIONER
For information purpose only
MOHAMMED AJMEER KHAN,AGED 45 YEARS,
S/O.ATTAKIDAVE P.I. CHAIRPERSON, VILLAGE (DWEEP) PANCHAYATH,
KADAMAT, UNION TERRITORY OF LEKSHADWEEP
682 556, RESIDING AT MADURAKAM HOUSE, KADAMAT ISLAND, UNION
TERRITORY OF LAKSHADWEEP 682 556.
RESPONDENTS
1. UNION OF INDIA,
REP.BY ITS SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS,
NORTH BLOCK, NEW DELHI 110 001.
2. UNION TERRITORY OF LAKSHADWEEP,
REP.BY THE ADMINISTRATOR, KAVARATTI, UNION TERRITORY OF
LAKSHADWEEP 682 555.
3. THE ADVISOR TO THE ADMINISTRATOR,
UNION TERRITORY OF LAKSHADWEEP, KAVARATTI 682 555
4. THE DISTRICT COLLECTOR,KAVARATTI ISLAND,
KAVARATTI, UNION TERRITORY OF LAKSHADWEEP 682 555
5. THE GENERAL MANAGER,
THE SOCIETY FOR PROMOTION OF NATURE TOURISM AND SPORTS
(SPORTS) KAVARATTI, UNION TERRITORY OF LAKSHADWEEP 682 555
Writ Petition (civil) praying inter alia that in the circumstances stated in the affidavit
filed along with the WP(C) the High Court be pleased to stay the operation of Exhibits P7, P8
and P10 licence and orders, pending disposal of the above Writ Petition.
This petition again coming on for orders upon perusing the petition and the affidavit
filed in support of WP(C) and this court's order dated 08-04-2021 and upon hearing the
arguments of M/S.REKHA VASUDEVAN & ELIZABETH V.JOSEPH, Advocates for the
petitioner and of SRI.MANU S., Senior Central Government Counsel ADMINISTRATION
OF THE UNION TERRITORY OF LAKSHADWEEP, for R2 to R5, the court passed the
following:
[P.T.O]
msv/2 13.4.21
WP(C) Nos.7835 & 7852 of 2021
1
P.V.ASHA, J.
---------------------------------
WP(C) Nos.7835 & 7852 of 2021
----------------------------------
Dated this the 12th day of April, 2021
For information purpose only
ORDER
Admit. Sri.S.Manu, learned Senior Standing Counsel takes
notice for the respondents.
2. The petitioners who are the Chairpersons of the
Village Dweep Panchayaths of Kavaratti and Kadamath
respectively, have filed these writ petitions challenging the
license granted to the General Manager, SPORTS, to possess and
sell liquor for Paradise Hut in Kavaratti and for Island Beach
Resort in Kadamath, respectively as per the orders produced as
Ext. P7 dated 23.02.2021; Ext. P8 order authorising the 5 th
respondent to establish bar and Ext.P10 order dated 11.03.2021
clarifying that the permit would be given only to non-natives
(non-residents) of Laksha Dweep. According to the petitioners,
manufacture, consumption and traffic of liquor is prohibited
in LakshaDweep under Ext.P1 Regulations; there are no rules
which prescribe the criteria for issuing license, even for
granting license under Regulation 19; under the rules license
can be granted only for medicinal purposes; the decision to
issue license is taken without consultation with the Village
WP(C) Nos.7835 & 7852 of 2021
Panchayats as prescribed under the LakshaDweep Panchayat
Regulations which is also in violation of the Integrated
Island Management Plan for the inhabited islands as well as
the LakshaDweep tourism policy 2020. It is alleged that sale
For information purpose only
of liquor cannot be permitted in the inhabited islands and
setting up of bar in the islands would seriously and adversely
affect the very fabric and culture of the island, the peace
and tranquility there.
3. When the Writ Petitions came up for consideration, the
learned Senior CGC was directed to get instructions and
further proceedings based on the grant of licence were kept in
abeyance till then.
4. The learned SCGC has filed a statement, according to
which the license is granted in accordance with Regulation
19(b) of Ext.P1 Regulations, which the petitioners have not
chosen to challenge. The rules are framed under Section 32 of
the Regulations. The contention of petitioners is that rules
do not provide for the criteria for issuing license for sale
of liquor. It is pointed out that liquor has been available in
Bankaram island, with license, for the past several years.
Further contention is that consultation is not required in the
matter of issuance of license for sale of liquor or for
starting a bar. Moreover it is based on a policy decision
WP(C) Nos.7835 & 7852 of 2021
that the license is issued, in order to attract tourists as it
was found necessary to rejuvenate tourism, which is the only
economic activity in the islands. It is stated that there were
strict travel restrictions to the LakshaDweep Islands imposed
For information purpose only
on account of the outbreak of Covid-19 pandemic, during the
period from March 2020 to 28.12.2020 when there was no tourism
activity and therefore SPORTS had to disengage 193 casual
labourers on 01.02.2021 and that in order to avoid further
disengagement of employees and to protect their families it
became necessary to promote tourism, for which availability of
liquor was found to be a relevant factor. The learned SCGC
also relied on the judgment of the Division Bench in W.P.(C)
No.9630 of 2020 in support of his contentions and sought to
vacate the interim order. It is also pointed out that the
interim order was passed on 25.03.2021 at a time when
everything was ready for starting the bar, after incurring
huge expenditure since February 2021.
5. Having considered the contentions of Smt.Rekha
Vasudevan, the learned Counsel for the petitioners and Sri.S.
Manu, the learned SCGC, I find that when the grant of license
is permitted under Regulation 19(b) of Ext.P1 Regulations and
the license is issued in implementation of the policy decision
of LakshaDweep Administration, which according to respondents
WP(C) Nos.7835 & 7852 of 2021
would rejuvenate tourism and would in turn help deprivation of
employment of hundreds of employees in SPORTS, it would not be
appropriate to extend the interim order any more. Interim
order would stand vacated.
For information purpose only
Petitioner would be free to file reply affidavit, if any.
Sd/-
P.V.ASHA
JUDGE
rkc
/true copy/ Sd/- ASSISTANT REGISTRAR
KLHC010202882021 6/6
EXHIBIT P1 - TRUE COPY OF THE LAKSHADWEEP PROHIBITION REGULATION
REPUBLISHED IN THE LAKSHADWEEP GAZETTE DATED 7TH AUGUST, 1979.
EXHIBIT P7 - TRUE COPY OF LICENSE DATED 23.2.2021 ISSUED THE 5TH
RESPONDENT FOR KADAMAT ISLAND BEACH RESORT.
EXHIBIT P8 - TRUE COPY OF OFFICE ORDER F NO.109/02/2021 - SPORTS/703
DATED 26.2. 2021 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P10 - TRUE COPY OF CORRIGENDUM F.NO.F/13/5/2021-COL/152 DATED
For information purpose only
11.3.2021 ISSUED BY THE 4TH RESPONDENT.
