My Hindustan Paints vs S.Aananthakrishnan Ips
2021 Latest Caselaw 15063 Ker

Con.Case(C) No.982/2021                         1/4

                             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                             PRESENT
                          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
                  Friday, the 16th day of July 2021 / 25th Ashadha, 1943
               CONTEMPT CASE(CIVIL) NO. 982 OF 2021(S) IN WP(C) 12881/2017

   PETITIONER/1ST PETITIONER

       1. MY HINDUSTAN PAINTS KURUPPAN ROAD,THRISSUR-1,REPRESENTED BY ITS
          PROPRIETOR,LINS V BABU,AGED 43 YEARS,S/O.V.C.BABU,RESIDING AT
          KURUPPAM ROAD,THRISSUR -1.

        BY ADVS.SANTHOSH MATHEW,ARUN THOMAS,JENNIS STEPHEN,VIJAY V.PAUL,KARTHIKA
        MARIA,ANIL SEBASTIAN PULICKEL,JAISY ELZA JOE,SANITA SABU VARGHESE
   RESPONDENTS/RESPONDENT NOS 2,3,5 AND 6

       1. SHRI.S.AANANTHAKRISHNAN IPS,EXCISE COMMISSIONER,EXCISE
          COMMISSIONERATE,VIKAS BHAVAN P.O.,
          NANDAVANAM,THIRUVANANTHAPURAM-695033.
       2. SHRI.K.SHAJI,DEPUTY COMMISSIONER OF EXCISE,OFFICE OF THE DEPUTY
          EXCISE COMMISSIONER,STATE EXCISE ACADEMY AND RESEARCH
          CENTRE,ARANATTUKARA,VANCHIKULAM,POOTHOLE,THRISSUR-680004.
       3. SHRI.SPARJANKUMAR IPS,MANAGING DIRECTOR,KERALA STATE BEVERAGES (M&M)
          CORPORATION LTD., DISTRICT WAREHOUSE,THIRUVANANTHAPURAM-695033.
       4. SHRI.ANSHAD S.,SUB INSPECTOR OF POLICE,THRISSUR TOWN POLICE
          STATION,THRISSUR, PIN-680020.

        SRI.S.KANNAN SENIOR GOVERNMENT PLEADER FOR R1,R2 & R4
        SRI.T.NAVEEN,STANDING COUNSEL FOR R3

        This Contempt of court case (civil) having come up for orders on
   16.07.2021,the court on the same day passed the following:
 Con.Case(C) No.982/2021                                2/4




                               Devan Ramachandran, J.
                           -------------------------------
                              Contempt Case(C)No.982 of 2021
                           ------------------------------------
                           Dated this the 16th day of July, 2021
                                                 O R D E R

Shri.S.Ananthakrishnan IPS, the Excise

Commissioner and Shri.Yogesh Gupta IPS, Managing

Director of Kerala State Beverages(M&M)

Corporation Ltd. (BEVCO) are present and I have

interacted with them.

2. Shri.S.Ananthakrishnan IPS submitted

that taking cue from the observations of this

Court, both the Excise Commissionarate and the

BEVCO are now making earnest efforts to ensure

that crowding in front of the retail liquor

outlets is completely avoided and that the

infrastructural facilities of each of such

counters are increased.

3. In addition to the afore, the learned

Government Pleader, Shri.S.Kannan, submitted that,

as far as the present case is concerned, the

outlet which is offending the petitioner and the

neighbours in Kuruppam Road, Thrissur, has been

ordered to be shifted to another suitable place,

along with another counter which is in the Con.Case(C) No.982/2021 3/4

vicinity of this Court.

4. Certainly, this is a welcome step, but the

battle has only begun.

5. The Excise Commissioner and BEVCO will

certainly have to ensure that every retail counter

is accounted for and, as I have already said in the

judgment, the collective dignity of the Society and

that of the customers are adequately protected, as

is required under the constitutional mandate of

this country.

6. I am told that an affidavit has been filed

on record on behalf of 1st, 2nd and 3rd respondents,

but the same has not been reached the Bench yet. I,

therefore, adjourn this matter to be called on

30/07/2021 and on that day the appearance of the

respondents are not required. They will appear only

if it is specifically ordered by this Court in

future.

7. Shri.Santhosh Mathew, learned counsel for

the petitioner, also sought permission to implead

the present incumbent - Managing Director of the Con.Case(C) No.982/2021 4/4

BEVCO.

8. This permission is granted.

9. Even though some steps appears to have

been now taken, albeit, after four years since the

judgment of this Court I am certain that a lasting

solution can be obtained only if the Excise

Commissioner and the Managing Director, BEVCO

launch a comprehensive Audit of the facilities and

suitability of each retail liquor outlet in Kerala.

In fact, Shri.S.Ananthakrishnan IPS was quick to

agree to this and he submitted that steps from his

side will be taken for this purpose and that this

Court will be duly informed. I certainly record my

appreciation for this.

10. Needless to say, when the case is next

called, progress in this regard will also made

known to this Court.

List this case on 30/07/2021.

Sd/-

DEVAN RAMACHANDRAN, JUDGE MC

16-07-2021 /True Copy/ Assistant Registrar