Kerala High Court

Adv. K.Vijayan vs State Of Kerala on 4 August, 2021

WP(C) No.13307/2021                          1/7

                          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
                      THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                             &
                          THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
               Wednesday, the 4th day of August 2021 / 13th Sravana, 1943

                                WP(C) NO. 13307 OF 2021(S)

   PETITIONER:

          ADV. K.VIJAYAN AGED 66 YEARS S/O. KRISHNA PILLAI, RESIDING AT KRIPA,
          NADUVILAKARA P. O., MUKHATHALA, KOLLAM DISTRICT - 691 577.

   RESPONDENTS:

      1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF
         KERALA, SECRETARIAT, THIRUVANANTHAPURAM - 695001.
      2. THE SECRETARY TAXES DEPARTMENT (EXCISE), ROOM NO.373, 1ST FLOOR,
         MAIN BLOCK, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
      3. EXCISE COMMISSIONER EXCISE COMMISSIONERATE, VIKAS BHAVAN P. O.,
         THIRUVANANTHAPURAM - 695033.
      4. MANAGING DIRECTOR KERALA STATE BEVERAGES CORPORATION LTD., KSBC HEAD
         OFFICE, BEVCO TOWER, PALAYAM, VIKAS BHAVAN P. O., THIRUVANANTHAPURAM
         - 695 033.
      5. STATE POLICE CHIEF POLICE HEADQUARTERS, VAZHUTHACAUD P. O.,
         THIRUVANANTHAPURAM - 695014.
      6. GENERAL SECRETARY FEDERATION OF KERALA HOTELS ASSOCIATION, FKHA
         HOUSE, EVRA 371, EASWARAVILASOM ROAD,, VAZHUTHACAUD P. O.,
         THIRUVANANTHAPURAM - 695014.


         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 direct the respondents 1 to 3 to see that the Bar hotels in
   Kerala start selling liquor forthwith at the same rate which is being sold
   in the state-run outlets, pending disposal of this writ petition, in the
   interest of justice.

         This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and this Courts' order dated
   13-07-2021 and upon hearing the arguments of           M/S.C.RAJENDRAN &
   B.K.GOPALAKRISHNAN, Advocates for the petitioner, SRI.T.NAVEEN, STANDING
   COUNSEL for R4 and of SRI.N.MANOJ KUMAR, STATE ATTORNEY and of GOVERNMENT
   PLEADER for R5 the court passed the following :



                                                                        p.t.o.
 WP(C) No.13307/2021                              2/7




                         S. MANIKUMAR, CJ& SHAJI P. CHALY, J

                       -------------------------------------------------------
                             W.P.(C) Nos.13307 & 13498 of 2021
                      ---------------------------------------------------------
                            Dated this the 4th day of August, 2021

                                              ORDER

S. Manikumar, CJ

Taking note of the orders issued by this Court contain an observation

that IMFL shops located near busy roads and shopping centres, cause

inconvenience and also affect the privacy and freedom of the public; that

there are long queues in the Foreign Liquor shops, the Excise

Commissioner, Thiruvananthapuram, has written a letter dated 14.7.2021 to

the Chairman and Managing Director, Kerala State Beverages Corporation,

Thiruvananthapuram, suggesting increase of counters in Foreign Liquor

retail outlets, re-allocation of shops and better utilization of space etc. For

brevity, the letter dated 14.7.2021 is re-produced:

KERALA EXCISE DEPARTMENT

EXC/2729/2021/XCI Commissionerate of Excise Thiruvananthapuram, Dated: 14/07/2021 e-mail Id:[email protected] Phone No:0471-2322825 WP(C) No.13307/2021 3/7

From The Excise Commissioner, Kerala, Thiruvananthapuram

To

1. Chairman & Managing Director, Kerala State Beverages Corporation, Palayam, Thiruvananthapuram

2. Managing Director, Kerala State Co-Operative Consumer Federation Gandhi Nagar, Kochi, Ernakulam.

Sub: Abkari- Arranging the facilities to the Consumers of all FLI retail liquor outlets as per the Consumer Protection Act -Directions - reg. Ref:

1.Contempt of Court Case No.982/2021 filed by MyHindustan Paints before the Hon'ble High Court of Kerala.

2.Judgment dated 05.07.2017 in WP (c) No.12881/2017 filed by My Hindustan Paints before the Hon'ble High Court of Kerala.

3.Suo Motu Case registered by Hon'ble High Court of Kerala as W.P.(C) No.13498/2021.

4. WP (C) No.13307/2021 filed by Sri.K. Vijayan before the Hon'ble High Court of Kerala.

Attention is invited to the subject and references cited. On the basis of orders and references of the Hon'ble High Court of Kerala vide reference 1, 2 and 3 the following directions are issued to the Managing Director, Kerala State Beverages Corporation, licensee of 270 FL-1 retail liquor outlets and Managing Director Kerala State Co-Operative Consumer WP(C) No.13307/2021 4/7

Federation licensee of 36 FL-1 retail liquor outlets and three FL-12 retail Beer outlets for taking urgent measures to provide facilities for the protection of the dignity and rights of consumers who come to buy liquor at foreign liquor retail outlets in the State of Kerala.

1. To provide maximum facilities for the protection of the dignity and rights of the consumers who come to buy liquor at foreign liquor retail outlets.

2. To take steps to relocate foreign liquor retail outlets operating near busy roads and shopping centers to other convenient locations which will not affect the privacy and freedom of the public and will not create blockage of road.

3. To take measures to increase the number of counters in foreign liquor retail outlets having rush and to operate all counters during working hours and to take strict disciplinary action against the officials who do not operate all counters during the working hours.

4. To take steps to provide parking facilities for customers of the foreign liquor retail outlets in a manner that does not cause inconvenience to the public and cause of traffic block in the road.

5. To take steps to start more self service counters in the foreign liquor retail outlets having available space and facilities.

6.To take steps for the better utilization of existing space in the retail outlets to provide more effective services to customers.

7. To take steps to enquire all the complaints given by the customers about the staff and the service provided in the foreign liquour retail outlets and giving reply to the petitioners.

Sd/-

EXCISE COMMISSIONER "

WP(C) No.13307/2021 5/7

2. In addition to the above, instructions have also been issued by the

Excise Commissioner, Thiruvananthapuram, to avoid overcrowding and

formation of long queues in Foreign Liquor outlets. Material on record further

discloses that in a COC(Civil) No.982/2021 filed by M/s.Hindustan Paints, the

writ court has ordered to conduct a comprehensive audit in FL1 outlets in the

State and to submit a report. Action on the said direction is evident from the

proceedings of the Excise Commissioner, Thiruvananthapuram, which is re-

produced hereunder:

PROCEEDINGS OF THE EXCISE COMMISSIONER. KERALA, THIRUVANANTHAPURAM.

Present: S. Aanandhakrishnan. LP.S.

Sub: Abkari- Deploying officials to conduct comprehensive audit in foreign liquor retail outlets in the state as ordered by the Hon'able High Court of Kerala in order to increase the facilities to the consumers - Orders issued reg.

Read: 1.E-mail dated 19.07.2021 put in by Sri.S. Kannan, Government Pleader, Office of the Advocate General.

2.Interim order dated 16.07.2021 in COC (Civil).No. 982/2021 filed by Ms Hindustan Paints before the Honorable High Court of Kerala.

ORDER No. EXC/2729/2021-XC1 Dated. 19.07.2021.

As per reference 2nd cited, the Hon'ble High Court, in the Contempt of WP(C) No.13307/2021 6/7

Court (Civil) No. 982/2021 filed by M/s Hindustan Paints have ordered to conduct comprehensive inspection (audit) in each foreign liquor retail outlets in the state for increasing the facilities provided to the consumers in the foreign liquor retail outlets and to report the progress in this regard to the Hon'ble Court on 30.07.21, that is the next hearing date.

In the above circumstances a team consisting of Assistant Excise Commissioner, Vimukthi Mission in districts concerned / if the post of Assistant Excise Commissioner, Vimukthi Mission is vacant, the Assistant Excise Commissioner (Enforcement), Excise Circle Inspector, Excise Enforcement and Anti Narcotic Special Squad, two officials deputed by the Managing Director, Kerala State Beverages Corporation, two Officials deputed by the Consumerfed is constituted for conducting comprehensive audit of the facilities provided to the consumers in the foreign liquor retail outlets in the state.

The above district level team, after conducting comprehensive inspection shall submit the report before 24/7/21 as per the questionnaire in the prescribed proforma enclosed with this order with the remarks of the Deputy Commissioner of Excise and the Joint Excise Commissioner of Excise concerned.

Sd/-

Excise Commissioner."

3. Mr.T.Naveen, learned Standing Counsel for the Kerala State

Beverages Corporation, submitted that the audit is being done and that a

consolidated report along with a statement would be filed before this Court.

WP(C) No.13307/2021 7/7

For the above said purpose, he seeks 10 days' time.

Post after 10 days.

Sd/-

S. MANIKUMAR,

CHIEF JUSTICE

Sd/-