Kerala High Court
Hotel Park Residency vs State Of Kerala on 28 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 28TH DAY OF APRIL 2023 / 8TH VAISAKHA, 1945
WP(C) NO. 14789 OF 2023
PETITIONER/S:
1 HOTEL PARK RESIDENCY
KOORKENCHERY, THRISSUR 680007 REPRESENTED BY ITS
MANAGING PARTNER SUNOJ KURIAN RESIDING AT PALAKUNNEL
HOUSE, ATHIRAMPUZHA P.O., KOTTAYAM, PIN - 686562
2 HOTEL NIYA REGENCY
KANJANI ROAD, ELTHURUTH JUNCTION, CHETTUPUZHA, THRISSUR
680012 REPRESENTED BY ITS PROPRIETOR SMT.HELENA T R
RESIDING AT KALARICKAL HOUSE, KUNNAMTHANAM P.O.,
THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689581
3 DAYA REGENCY
POLAKULATH BUILDING, MANNUTHY ROAD, PARAVATTANI,
THRISSUR REPRESENTED BY ITS MANAGING PARTNER P N
KRISHNADAS RESIDING AT 40/446, POLAKULATH HOUSE,
AUTOMOBILE ROAD, PALARIVATTOM, ERNAKULAM, PIN - 682025
4 KOVILAKAM RESIDENCY
KOVILAKATHUMPADAM, THIRUVAMBADY P.O., THRISSUR 680022
REPRESENTED BY ITS MANAGING DIRECTOR K T VASUDEVAN
RESIDING AT KUNNATHULLY HOUSE, SIDHARTHA AVENUE ROAD,
CHIYYARAM P.O., THRISSUR, PIN - 680026
5 SANGEETHA HOTELS
OLLUR, THRISSUR 680306 REPRESENTED BY ITS MANAGING
PARTNER K R SURESHKUMAR RESIDING AT KALLADA HOUSE, HILL
ROAD, IRINJALAKUDA, PIN - 680125
6 KANGAPPADAN RESIDENCY
RAMAVARMAPURAM, THRISSUR REPRESENTED BY ITS PROPRIETOR
K P KURIAN RESIDING AT KANGAPPADAN THARAVAD,
RAMAVARMAPURAM, THRISSUR, PIN - 680631
7 KALLADA HOTELS AND RESORTS
MANNUTHY REPRESENTED BY ITS MANAGING PARTNER K R
SUNILKUMAR RESIDING AT KALLADA HOUSE, AKP JUNCTION,
IRINJALAKUDA, PIN - 680125
8 HOTEL DASS CONTINENTAL
THRISSUR REPRESENTED BY ITS MANAGING PARTNER K B
PADMADAS RESIDING AT 'THEERTHAM', KOOLIYATTU VALAPPIL
HOUSE, PADUKKAD, VIYYUR P.O., THRISSUR, PIN - 680010
9 DASS REGENCY PVT. LTD.
32/1284-1, SHAKTHAN THAMPURAN NAGAR, THRISSUR
REPRESENTED BY ITS MANAGING DIRECTOR JAYADAS K B
RESIDING AT KOOLIYATTU VALAPPIL, MULLURKARA, THRISSUR,
PIN - 680587
10 THRISSUR TOWERS HOTEL PVT. LTD.
WP(C) NOS. 14680, 14789 & 14871 OF 2023
-2-
T B ROAD, THRISSUR REPRESENTED BY ITS MANAGING
DIRECTOR P S SUNILKUMAR RESIDING AT PANIKKASSERY
HOUSE, KOORKENCHERY P.O., THRISSUR, PIN - 680007
11 TRICHUR TOURIST COMPLEX PVT. LTD.
M.G. ROAD, THRISSUR REPRESENTED BY ITS MANAGING
DIRECTOR P K SIVASANKARAN RESIDING AT PALLATHERI
HOUSE, MATTATHURKUNNU P.O., THRISSUR, PIN - 680684
12 CENTRAL HOTEL AGENCIES
MUSEUM ROAD, CHEMBUKKAVU P.O., THRISSUR
REPRESENTED BY ITS MANAGING DIRECTOR JILSU T.S.
RESIDING AT THASHNATH HOUSE, CHENTRAPPINNI,
THRISSUR, PIN - 680687
13 MOTHIMAHAL RESIDENCY
CHIRA ROAD, M.G. ROAD, THRISSUR REPRESENTED BY ITS
MANAGING PARTNER SANJAY LAL T. M. RESIDING AT
THOTTATHIL HOUSE, THOTTATHIL LANE, THRISSUR, PIN -
680005
14 ASOKA INN
T B ROAD, SHAKTHAN THAMPURAN NAGAR, THRISSUR
REPRESENTED BY ITS MANAGING PARTNER OMANA ASOKAN
RESIDING AT 'SREELAKSHMI', BENNET ROAD,
CHEMBUKKAVU, THRISSUR, PIN - 680020
15 PEEVES PLAZA
PALAKKAL ANGADI, THRISSUR REPRESENTED BY ITS
MANAGING PARTNER K B PADMADAS RESIDING AT
'THEERTHAM', KOOLIYATTU VALAPPIL HOUSE, PADUKKAD,
VIYYUR P.O., THRISSUR ., PIN - 680010
16 ARAMANA BAR AND RESTAURANT
RAILWAY STATION ROAD, THRISSUR REPRESENTED BY ITS
MANAGING PARTNER OMANA ASOKAN RESIDING AT
'SREELAKSHMI', BENNET ROAD, CHEMBUKKAVU, THRISSUR,
PIN - 680020
17 HOTEL ELITE INTERNATIONAL
CHEMBOTTIL LANE, THRISSUR ROUND REPRESENTED BY ITS
MANAGING PARTNER K C ANILKUMAR RESIDING AT KOLLARA
HOUSE, CIVIL LANE ROAD, AYYANTHOLE, THRISSUR, PIN
- 680003
18 J P HOTELS AND SHOPPING COMPLEX
WEST FORT, THRISSUR REPRESENTED BY ITS MANAGING
PARTNER K V SADANANDAN RESIDING AT K S VELAYUDHAN,
17/871, KOLLARA HOUSE, VELLAYICKAL LANE, THRISSUR,
PIN - 680001
WP(C) NOS. 14680, 14789 & 14871 OF 2023
-3-
19 VOLGA RESTAURANT
MANNADIAR LANE, THRISSUR REPRESENTED BY ITS
MANAGING PARTNER SHAJU A. ANTONY RESIDING AT
AYNICKKAL HOUSE, KUNDOOR P.O., MALA,, PIN - 680734
20 KALLADA HOTELS
MANNUTHY, THRISSUR REPRESENTED BY ITS MANAGING
PARTNER K R SUNILKUMAR RESIDING AT KALLADA HOUSE,
AKP JUNCTION, IRINJALAKUDA, PIN - 680125
BY ADVS.
THOMAS ABRAHAM
MERCIAMMA MATHEW
ASWIN.P.JOHN
R.ANANTHAPADMANABAN
PAUL BABY
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, TAXES DEPARTMENT,
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 COMMISSIONER OF EXCISE
OFFICE OF THE EXCISE COMMISSIONER, BAKERY JUNCTION
ROAD, UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,
PALAYAM, THIRUVANANTHAPURAM, PIN - 695033
3 DEPUTY COMMISSIONER OF EXCISE
OFFICE OF THE DEPUTY COMMISSIONER OF EXCISE, CIVIL
STATION, AYYANTHOLE, THRISSUR, PIN - 680003
4 DISTRICT COLLECTOR
THRISSUR, CIVIL STATION, AYYANTHOLE, THRISSUR, PIN
- 680003
5 DISTRICT POLICE CHIEF (THRISSUR CITY)
RAMAVARMAPURAM ROAD, PALLIMOOLA, MANNUMKAD,
THRISSUR, PIN - 680631
BY SRI. K.M.FIROZ, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.04.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NOS. 14680, 14789 & 14871 OF 2023
-4-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 28TH DAY OF APRIL 2023 / 8TH VAISAKHA, 1945
WP(C) NO. 14871 OF 2023
PETITIONER/S:
1 HOTEL PARK RESIDENCY
KOORKENCHERY, THRISSUR 680007 REPRESENTED BY ITS
MANAGING PARTNER SUNOJ KURIAN RESIDING AT
PALAKUNNEL HOUSE, ATHIRAMPUZHA P.O., KOTTAYAM, PIN
- 686562
2 HOTEL NIYA REGENCY
KANJANI ROAD, ELTHURUTH JUNCTION, CHETTUPUZHA,
THRISSUR 680012 REPRESENTED BY ITS PROPRIETOR
SMT.HELENA T R RESIDING AT KALARICKAL HOUSE,
KUNNAMTHANAM P.O., THIRUVALLA, PATHANAMTHITTA
DISTRICT, PIN - 689581
3 DAYA REGENCY
POLAKULATH BUILDING, MANNUTHY ROAD, PARAVATTANI,
THRISSUR REPRESENTED BY ITS MANAGING PARTNER P N
KRISHNADAS RESIDING AT 40/446, POLAKULATH HOUSE,
AUTOMOBILE ROAD, PALARIVATTOM, ERNAKULAM-, PIN -
682025
4 KOVILAKAM RESIDENCY
KOVILAKATHUMPADAM, THIRUVAMBADY P.O., THRISSUR
680022 REPRESENTED BY ITS MANAGING DIRECTOR K T
VASUDEVAN RESIDING AT KUNNATHULLY HOUSE, SIDHARTHA
AVENUE ROAD, CHIYYARAM P.O., THRISSUR, PIN -
680026
5 SANGEETHA HOTELS
OLLUR, THRISSUR 680306 REPRESENTED BY ITS MANAGING
PARTNER K R SURESHKUMAR RESIDING AT KALLADA HOUSE,
HILL ROAD, IRINJALAKUDA, PIN - 680125
6 KANGAPPADAN RESIDENCY
RAMAVARMAPURAM, THRISSUR REPRESENTED BY ITS
PROPRIETOR K P KURIAN RESIDING AT KANGAPPADAN
THARAVAD, RAMAVARMAPURAM, THRISSUR, PIN - 680631
7 KALLADA HOTELS AND RESORTS
WP(C) NOS. 14680, 14789 & 14871 OF 2023
-5-
MANNUTHY REPRESENTED BY ITS MANAGING PARTNER K R
SUNILKUMAR RESIDING AT KALLADA HOUSE, AKP
JUNCTION, IRINJALAKUDA, PIN - 680125
8 HOTEL DASS CONTINENTAL
THRISSUR REPRESENTED BY ITS MANAGING PARTNER K B
PADMADAS RESIDING AT 'THEERTHAM', KOOLIYATTU
VALAPPIL HOUSE, PADUKKAD, VIYYUR P.O., THRISSUR,
PIN - 680010
9 DASS REGENCY PVT. LTD
32/1284-1, SHAKTHAN THAMPURAN NAGAR, THRISSUR
REPRESENTED BY ITS MANAGING DIRECTOR JAYADAS K B
RESIDING AT KOOLIYATTU VALAPPIL, MULLURKARA,
THRISSUR, PIN - 680587
10 THRISSUR TOWERS HOTEL PVT. LTD
T B ROAD, THRISSUR REPRESENTED BY ITS MANAGING
DIRECTOR P S SUNILKUMAR RESIDING AT PANIKKASSERY
HOUSE, KOORKENCHERY P.O., THRISSUR, PIN - 680007
11 TRICHUR TOURIST COMPLEX PVT. LTD
M.G. ROAD, THRISSUR REPRESENTED BY ITS MANAGING
DIRECTOR P K SIVASANKARAN RESIDING AT PALLATHERI
HOUSE, MATTATHURKUNNU P.O., THRISSUR, PIN - 680684
12 CENTRAL HOTEL AGENCIES
MUSEUM ROAD, CHEMBUKKAVU P.O., THRISSUR
REPRESENTED BY ITS MANAGING DIRECTOR JILSU T.S.
RESIDING AT THASHNATH HOUSE, CHENTRAPPINNI,
THRISSUR, PIN - 680687
13 MOTHIMAHAL RESIDENCY
CHIRA ROAD, M.G. ROAD, THRISSUR REPRESENTED BY ITS
MANAGING PARTNER SANJAY LAL T. M. RESIDING AT
THOTTATHIL HOUSE, THOTTATHIL LANE, THRISSUR, PIN -
680005
14 ASOKA INN, T B ROAD
SHAKTHAN THAMPURAN NAGAR, THRISSUR REPRESENTED BY
ITS MANAGING PARTNER OMANA ASOKAN RESIDING AT
'SREELAKSHMI', BENNET ROAD, CHEMBUKKAVU, THRISSUR,
PIN - 680020
15 PEEVES PLAZA
PALAKKAL ANGADI, THRISSUR REPRESENTED BY ITS
MANAGING PARTNER K B PADMADAS RESIDING AT
'THEERTHAM', KOOLIYATTU VALAPPIL HOUSE, PADUKKAD,
VIYYUR P.O., THRISSUR, PIN - 680010
16 ARAMANA BAR AND RESTAURANT
WP(C) NOS. 14680, 14789 & 14871 OF 2023
-6-
RAILWAY STATION ROAD, THRISSUR REPRESENTED BY ITS
MANAGING PARTNER OMANA ASOKAN RESIDING AT
'SREELAKSHMI', BENNET ROAD, CHEMBUKKAVU, THRISSUR,
PIN - 680020
17 HOTEL ELITE INTERNATIONAL
CHEMBOTTIL LANE, THRISSUR ROUND REPRESENTED BY ITS
MANAGING PARTNER K C ANILKUMAR RESIDING AT KOLLARA
HOUSE, CIVIL LANE ROAD, AYYANTHOLE, THRISSUR, PIN
- 680003
18 J P HOTELS AND SHOPPING COMPLEX
WEST FORT, THRISSUR REPRESENTED BY ITS MANAGING
PARTNER K V SADANANDAN RESIDING AT K S VELAYUDHAN,
17/871, KOLLARA HOUSE, VELLAYICKAL LANE, THRISSUR,
PIN - 680001
19 VOLGA RESTAURANT
MANNADIAR LANE, THRISSUR REPRESENTED BY ITS
MANAGING PARTNER SHAJU A. ANTONY RESIDING AT
AYNICKKAL HOUSE, KUNDOOR P.O., MALA,, PIN - 680734
20 KALLADA HOTELS
MANNUTHY, THRISSUR REPRESENTED BY ITS MANAGING
PARTNER K R SUNILKUMAR RESIDING AT KALLADA HOUSE,
AKP JUNCTION, IRINJALAKUDA, PIN - 680125
BY ADVS.
THOMAS ABRAHAM
MERCIAMMA MATHEW
ASWIN.P.JOHN
R.ANANTHAPADMANABAN
PAUL BABY
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, TAXES DEPARTMENT,
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 COMMISSIONER OF EXCISE
OFFICE OF THE EXCISE COMMISSIONER, BAKERY JUNCTION
ROAD, UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,
PALAYAM, THIRUVANANTHAPURAM, PIN - 695033
3 DEPUTY COMMISSIONER OF EXCISE
OFFICE OF THE DEPUTY COMMISSIONER OF EXCISE, CIVIL
WP(C) NOS. 14680, 14789 & 14871 OF 2023
-7-
STATION, AYYANTHOLE, THRISSUR, PIN - 680003
4 DISTRICT COLLECTOR
THRISSUR, CIVIL STATION, AYYANTHOLE, THRISSUR
680003, PIN - 680003
5 DISTRICT POLICE CHIEF (THRISSUR CITY)
RAMAVARMAPURAM ROAD, PALLIMOOLA, MANNUMKAD,
THRISSUR, PIN - 680631
SRI.JIMMY GEORGE.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.04.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NOS. 14680, 14789 & 14871 OF 2023
-8-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 28TH DAY OF APRIL 2023 / 8TH VAISAKHA, 1945
WP(C) NO. 14680 OF 2023
PETITIONER/S:
K.B.MUKESH,
AGED 48 YEARS
S/O. BALAKRISHNAN, KURUVANGATTIL HOUSE, PALAZHI
MANALUR POST, THRISSUR DISTRICT,PIN, PIN - 680617
BY ADVS.
DAISY A.PHILIPOSE
JAI GEORGE
RESPONDENT/S:
1 THE DISTRICT COLLECTOR
CIVIL STATION, AYYANTHOLE.P.O., THRISSUR, PIN -
680003
2 THE DEPUTY EXCISE COMMISSIONER,
OFFICE OF THE DEPUTY EXCISECOMMISSIONER, CIVIL
STATION, AYYANTHOLE, ,THRISSUR, PIN - 680003
JIMMY GEORGE, G.-P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.04.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NOS. 14680, 14789 & 14871 OF 2023
-9-
JUDGMENT
Since common issues arise for consideration in
these writ petitions, they are disposed of by this
common judgment. The exhibits referred to in this
judgment are as obtaining in W.P.(C)No.14871/2023.
2. The petitioners in W.P.(C)No.14789/2023,
which are star classified hotels in Thrissur District,
have been granted FL-3/FL-11 licenses to vend
liquor/beer and wine. They have approached this
Court challenging Ext. P9 notice of hearing dated
26.04.2023 issued by the District Collector, Thrissur,
calling upon objection from the licensees selling
liquor and toddy within the limits of Thrissur
Corporation against the proposal for the temporary
prohibition of sale of liquor and toddy in connection
WP(C) NOS. 14680, 14789 & 14871 OF 2023
with Thrissur Pooram. After the filing of the said writ
petition, the District Collector passed Ext. P.10 order
invoking the provisions of Section 54 of the Abkari Act
directing closure of all liquor shops and prohibiting
the sale of liquor and other intoxicating substances
within the limits of Thrissur Corporation from 2 p.m
on 29.04.2023 to 2 p.m on 01.05.2023. Accordingly,
the said petitioners have filed W.P.(C)No.14871/2023
challenging Ext. P10 order and for consequential
reliefs.
3. The petitioner in W.P.(C)No. 14680 of 2023,
who is the licensee of toddy shops within the limits of
Thrissur Corporation, is also challenging Ext. P10
order (Ext.P3 therein).
4. It is contended by Sri. Thomas Abraham, the
learned Counsel for the petitioners in W.P.
WP(C) NOS. 14680, 14789 & 14871 OF 2023
(C)Nos.14871/2023 and 14789/2023 that Ext.P10
order has been issued contrary to Ext.P5 circular
issued by the Government and the directions issued
by this Court on earlier occasions. The learned
Counsel also submits that, though Ext.P5 circular
contemplates that an order under Section 54 of the
Abkari Act shall be passed at least one week prior to
the event in respect of which the same is issued, Ext.
P10 order has been issued just two days before the
event. Referring to Clause 3(b) of Ext.P5 circular, the
learned Counsel contends that Section 54 can be
invoked only when there is a law and order situation
or there is a reasonable apprehension of breach of
peace and public tranquility and only if circumstances
so warrant. The learned Counsel contends that there
is no situation warranting issuance of an order under
WP(C) NOS. 14680, 14789 & 14871 OF 2023
Section 54. Relying on Ext. P5 circular, he submits
that an order under Section 54 shall not be passed
mechanically and contends that Ext. P10 has been
passed mechanically and without application of mind.
The learned Counsel also refers to Ext.P7 judgment of
a Division Bench of this Court and contends that an
order under Section 54 can be issued only based on
materials and on genuine concern. According to the
learned Counsel, Ext.P10 has been issued in total
breach of the directions in Ext.P5 circular, and the
directions of this Court passed in similar situations.
5. Smt. Daisy A. Philipose, the learned Counsel
for the petitioner in W.P.(C)No.14680/2023, handed
over a copy of the order passed by the District
Collector under Section 54 of the Abkari Act during
the previous year and submits that Ext.P10 is only a
WP(C) NOS. 14680, 14789 & 14871 OF 2023
verbatim reproduction of the order under Section 54
issued in 2022 and there is no application of mind on
the part of the District Collector in issuing Ext. P10
and the same has been issued mechanically. It is
also pointed out that the aforesaid order issued last
year was stayed by this Court by Ext.P2 order.
Accordingly, the learned Counsel(s) for the petitioners
submits that Ext.P10 order passed under Section 54
of the Abkari Act has to be interfered with by this
Court.
6. Sri. Jimmy George, the learned Government
Pleader, submits that Ext.P10 order has been passed
with notice to the petitioners and after hearing them.
It is also submitted that Ext.P10 has been passed
based on inputs received from the Excise and Police
Departments. The District Collector has also taken
WP(C) NOS. 14680, 14789 & 14871 OF 2023
note of the incidents reported during the conduct of
the festival on earlier occasions. The learned
Government Pleader refers to the decision of a
Division Bench of this Court in Hotel Hillway Park
v. State of Kerala [2023 (2) KHC 304] and
submits that this Court, in identical situations, has
considered the scope of issuance of an order under
Section 54 of the Abkari Act. He refers to paragraph
Nos. 8, 9 and 13 of the decision, which read as under:
"8. We also notice from S.54 that the
notice does not necessarily speak of an
opportunity for hearing. The notice in
writing is only insofar as notice to the
licensee to close down a shop, in which
intoxicating liquor or drug is sold, for the
purpose of preservation of public peace,
which notice is only to enable the
licensee to arrange his affairs
accordingly. In fact, the licensee of a
WP(C) NOS. 14680, 14789 & 14871 OF 2023
liquor shop has absolutely no say in the
preservation of public peace and a
hearing conducted would be futile since
they cannot instruct the District
Administration as to how the law-and-
order situation within their jurisdictional
limits is to be maintained peacefully. We
cannot also countenance the argument of
the appellants that the second limb
would be sufficient to allay any outbreak
of violence since prevention is always
better than cure.
9. We also looked at the circular alleged
to have been not complied with, in letter
and spirit; which in any event is in the
nature of a guideline, the strict
compliance of which should get
subsumed in the objective of the
statutory provision being satisfied and
the discretion of the authorities who are
responsible to maintain law and order.
The notice, as spoken of in the guidelines
is only to ensure that legal remedies are
WP(C) NOS. 14680, 14789 & 14871 OF 2023
not stifled by issuance of orders at the
last moment. Despite the seven days
prescribed it cannot be taken as a
mandate since emergent situations may
have to be dealt with. We also notice the
learned Senior Government Pleader's
submission that such notice may result in
illegal stocking and even illicit brewing.
Here admittedly all the orders were
issued on 16/02/2023 & 17/02/2023 and
served respectively on 17/02/2023 and
20/02/2023. All the orders were
challenged by Writ Petitions before the
date on which such prohibition is
contemplated.
xxxx
13. We quite understand that the
licensees have made substantial
investments to carry on liquor vending,
both foreign liquor and toddy. The
disruption of sales for one or two days
especially with the object of maintaining
WP(C) NOS. 14680, 14789 & 14871 OF 2023
peace, for public good and preservation
of public order, relegates commercial
considerations to the back seat. We also
notice a judgment by one of us, (KVC, J)
sitting single and extract paragraph 5
from E.S.Manoj v. District Collector
(WP(C)No.12886/2015 and con. Case)
(2015 KHC
7117:MANU/KE/0490/2015:2015 KER
17488). "5. More than the statistics of
registered crimes, in such a huge
gathering of devotees and non-devotees;
all of whom come to watch the visual and
rhythmic delight offered, respectively by
the fire-works and the percussionists;
particularly that associated with the
Pooram, it is common knowledge that
many untoward incidents happen, which
are not reported. The victims are often
reduced to mutely suffering such
menacing overtures, often motivated and
accentuated by the intoxicating effect of
liquor. The psychedelic effect of the
WP(C) NOS. 14680, 14789 & 14871 OF 2023
colours and the adrenalin rush of the
"mela" are sufficient intoxication for the
crowd and they could do without the
inebriation provided by the traditional
"watering - holes", called "BAR"s."
7. The Division Bench has taken note of Ext. P5
circular and observed that the same is in the nature
of a guideline and strict compliance of the same
should get subsumed in the objective of the statutory
provision being satisfied and the discretion of the
authorities who are responsible to maintain law and
order. Ext.P5 circular is only directory. It is true that
Ext.P10 refers to certain incidents which happened
some years back at the time of the festival. Those are
relevant aspects for the District Collector to invoke
the provisions of Section 54 of the Abkari Act. Merely
because there were no antecedents of any breach of
peace or violence during the previous year, the
WP(C) NOS. 14680, 14789 & 14871 OF 2023
incidents that happened earlier shall not be brushed
aside. The District Collector has taken into
consideration the reports/inputs supplied by the
Excise Department as well as Police authorities while
passing Ext.P10. Though the Act does not
contemplate, the licensees were also heard by the
District Collector while passing Ext.P10. Section 54 of
the Abkari Act empowers the District Collector to
close shops selling liquor for the preservation of
public peace. The District Collector has referred to
certain incidents of previous years, reports of Excise
and Police and apprehending breach of peace, issued
Ext.P10 order prohibiting sale of liquor and toddy. I
am convinced that Ext.P10 order is passed not in
mechanical nature and that the District Collector has
taken into consideration relevant materials while
WP(C) NOS. 14680, 14789 & 14871 OF 2023
passing the order under Section 54 of the Abkari Act.
It is also to be noted that the prohibition is only for a
period of two days (48 hours). Ext.P10 order has
been passed by the District Collector to ensure law
and order and a tranquil atmosphere during the
festival.
I do not find any reason to interfere with Ext.P10
order. Accordingly, the writ petitions are dismissed.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
uu
29.04.2023
WP(C) NOS. 14680, 14789 & 14871 OF 2023
APPENDIX OF WP(C) 14789/2023
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE FL-3 LICENSE
RENEWAL CERTIFICATE ISSUED TO THE 1ST
PETITIONER FOR THE CURRENT YEAR DATED
30.03.2023
EXHIBIT P2 THE TRUE COPY OF THE INTERIM ORDER DATED
10/5/2022 IN W.P.(C)NO.15645 OF 2022
EXHIBIT P3 THE TRUE COPY OF THE JUDGMENT DATED
16.2.2005 IN W.P.(C) 5187/2005
EXHIBIT P4 THE TRUE COPY OF THE JUDGMENT DATED
5/3/2009 IN W.P.(C)NO.5748 OF 2009
EXHIBIT P5 THE TRUE COPY OF THE CIRCULAR
NO.7497/A2/09/TD DATED 29.4.2009 ISSUED
BY THE CHIEF SECRETARY TO GOVERNMENT OF
KERALA ALONG WITH A TYPED LEGIBLE COPY
EXHIBIT P6 THE TRUE COPY OF THE JUDGMENT DATED
12.2.2018 OF THIS HON'BLE COURT IN W.A.
NO. 391 OF 2018
EXHIBIT P7 THE TRUE COPY OF THE JUDGMENT DATED
30/3/2023 IN W.A. NO.698 OF 2023
EXHIBIT P8 THE TRUE COPY OF THE REPRESENTATION
DATED 25/4/2023 SUBMITTED BY THE
PETITIONERS
EXHIBIT P9 THE TRUE COPY OF THE HEARING NOTICE
DATED 26/4/2023 ISSUED BY THE 4TH
RESPONDENT
WP(C) NOS. 14680, 14789 & 14871 OF 2023
APPENDIX OF WP(C) 14871/2023
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE FL-3 LICENSE
RENEWAL CERTIFICATE ISSUED TO THE 1ST
PETITIONER FOR THE CURRENT YEAR
Exhibit P2 THE TRUE COPY OF THE INTERIM ORDER DATED
10/5/2022 IN W.P.(C)NO.15645 OF 2022
Exhibit P3 THE TRUE COPY OF THE SAID JUDGMENT DATED
16.2.2005 IN W.P.(C) 5187/2005
Exhibit P4 THE TRUE COPY OF THE JUDGMENT DATED
5/3/2009 IN W.P.(C)NO.5748 OF 2009
Exhibit P5 THE TRUE COPY OF THE CIRCULAR
NO.7497/A2/09/TD DATED 29.4.2009 ISSUED
BY THE CHIEF SECRETARY TO GOVERNMENT OF
KERALA ALONG WITH A TYPED LEGIBLE COPY
Exhibit P6 THE TRUE COPY OF THE JUDGMENT DATED
12.2.2018 OF THIS HON'BLE COURT IN W.A.
NO. 391 OF 2018
Exhibit P7 THE TRUE COPY OF THE JUDGMENT DATED
30/3/2023 IN W.A. NO.698 OF 2023
Exhibit P8 THE TRUE COPY OF THE REPRESENTATION
DATED 25/4/2023 SUBMITTED BY THE
PETITIONERS
Exhibit P9 THE TRUE COPY OF THE HEARING NOTICE
DATED 26/4/2023 ISSUED BY THE 4TH
RESPONDENT
Exhibit P10 THE TRUE COPY OF THE ORDER DATED
27/4/2023 ISSUED BY THE 4TH RESPONDENT
INVOKING SECTION 54 OF THE ABKARI ACT
WP(C) NOS. 14680, 14789 & 14871 OF 2023
APPENDIX OF WP(C) 14680/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE INTERIM STAY ORDER
DATED 10/5/2022 IN W.P[C].NO.15307 OF
2022 OF THIS HON'BLE COURT
Exhibit P2 A COPY OF THE NOTICE DATED 28.04.2023
ISSUED BY THE 1ST RESPONDENT.
Exhibit P3 A TRUE COPY OF ORDER NO.DCTSR/4141/2022-
H4 ISSUED BY THE 1ST RESPONDENT DATED
27.04.2023.
