Amrutha Mm vs District Magistrate & District ...
2022 Latest Caselaw 2567 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SATHISH NINAN
        FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943
                        WP(C) NO. 7096 OF 2022
PETITIONERS:

    1       AMRUTHA MM, W/O SREEKANTH AS, ANALIPARAMBIL HOUSE,
            CHUMBUCHIRA, MATTATHOOR, CHALAKKUDY, PIN - 680307
    2       VIBEESH KV, S/O VIDYASAGARAN, KURUPPIL HOUSE,
            ENGADIYOOR, CHAVAKKAD, PIN - 680506
    3       DICKSON, S/O WILSON, CHERANGADAN HOUSE, MATHATOOR,
            CHALAKKUDY, PIN - 680307
            BY ADV P.THOMAS GEEVERGHESE


RESPONDENTS:

    1       DISTRICT MAGISTRATE & DISTRICT COLLECTOR ALAPPUZHA
            1ST FLOOR, COLLECTORATE, ALAPPUZHA - , PIN - 688001
    2       DISTRICT POLICE CHIEF, ALAPPUZHA
            OFFICE OF DISTRICT POLICE CHIEF, CCSB ROAD, ALAPPUZHA,
            PIN - 688012
    3       DEPUTY EXCISE COMMISSIONER, ALAPPUZHA
            EXCISE DIVISION OFFICE EXCISE COMPLEX IRON BRIDGE P.O,
            ALAPPUZHA, PIN - 688001
    4       CHETTIKULANGARA GRAMA PANCHAYAT
            REPRESENTED BY ITS SECRETARY, PANCHAYAT OFFICE,
            CHETTIKULANGARA, ALAPPUZHA
            , PIN - 690106
    5       PATHIYOOR GRAMA PANCHAYAT
            REPRESENTED BY ITS SECRETARY, GRAMA PANCHAYAT OFFICE,
            PATHIYOOR, KAYAMKULAM, PIN - 690106
    6       KAYAMKUAM MUNICIPALITY
            REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE,
            KAYAMKUALM, PIN - 690572
    7       TRAVANCORE DEVASWOM BOARD
            REPRESENTED BY ITS SECRETARY, TRAVANCORE DEVASWOM
            BOARD, NANTHANCODE, THIRUVANTHAPURAM, PIN - 695001

            SRI.P.M.SHAMEER, GOVERNMENT PLEADER
            SRI.G.BIJU, SC FOR TRAVANCORE DEVASWOM BOARD
            SRI.GEORGE VARGHESE PERUMPALLIKUTTIYIL, SC FOR
            CHETTIKULANGARA GRAMA PANCHAYATH
            SRI.T.R.RAJAN, SC FOR KAYAMKULAM MUNICIPALITY
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 7096 OF 2022                    2



                                  JUDGMENT

Petitioners hold toddy shop licenses of

Mavelikkara and Kayamkulam Excise Ranges.

Petitioners challenge Ext.P1 prohibitory order

passed by the 1st respondent under Section 80(1)(h)

(v) of Kerala Police Act, 2011 ordering total

liquor prohibition on 6th and 7th days of March

2022, directing closure of all liquor outlets

within 8 kms of Chettikulangara Devi Temple on

06/03/2022 and 07/03/2022, in connection with the

Kumbha Bharani Mahotsavam.

2. According to the petitioners, the

restriction against functioning of liquor outlets

within 8 kms from the temple is arbitrary and

without any basis.

3. The learned counsel for the petitioners

brings to the notice of this Court to the orders

passed by this Court on earlier occasions

whereunder the restriction was confined to 2 kms

from the temple. They pray for directions on

similar lines.

4. Restrictive orders as in Ext.P1, against

the functioning of liquor outlets, is aimed on the

desirability of the smooth conduct of temple

festival and to avoid untoward incidents. On

earlier occasions, this Court had, in relation to

the very same temple, confined the prohibitory

order to an area of 2 kms from the temple. No

circumstances warranting a variation from the said

restriction / distance as fixed by this Court

earlier, could be placed before me.

In the circumstances, it is ordered that the

restriction fixed in Ext.P1 will stand modified as

2 kms, in the place of 8 kms. The writ petition is

disposed of as above.

Sd/-

SATHISH NINAN JUDGE

sd

APPENDIX OF WP(C) 7096/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF ORDER DATED 28/2/2022 ISSUED BY THE 1ST RESPONDENT BEARING NO. DCALP- 853/2022/N7 Exhibit P2 TODDY LICENSE OF THE 1ST PETITIONER BEARING NO. 362/2020-21 Exhibit P3 TODDY LICENSE OF THE 2ND PETITIONER BEARING NO. 380/2020-21 Exhibit P3(a) TODDY LICENSE OF THE 2ND PETITIONER BEARING NO. 384/2020-21 Exhibit P3(b) TODDY LICENSE OF THE 2ND PETITIONER BEARING NO. 381/2020-21 Exhibit P4 TODDY LICENSE OF THE 3RD PETITIONER BEARING NO. 324/2020-21 Exhibit P4(a) TODDY LICENSE OF THE 3RD PETITIONER BEARING NO. 321/2020-21 Exhibit P4(b) TODDY LICENSE OF THE 3RD PETITIONER BEARING NO. 326/2020-21 Exhibit P4(c) TODDY LICENSE OF THE 3RD PETITIONER BEARING NO. 322/2020-21 Exhibit P4(d) TODDY LICENSE OF THE 3RD PETITIONER BEARING NO. 325/2020-21 Exhibit P5 TRUE COPY OF JUDGMENT IN HOTEL VIJAYA PALACE V. STATE OF KERALA, REPORTED IN 2016 KHC 15