Hotel Park Residency vs State Of Kerala
2023 Latest Caselaw 3973 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

            THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                     &

           THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

         THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945

                            WA NO. 698 OF 2023

AGAINST THE INTERIM ORDER IN WP(C) 11174/2023 OF HIGH COURT OF KERALA

APPELLANTS:


     1       HOTEL PARK RESIDENCY
             KOYILANDY, KOZHIKODE REPRESENTED BY ITS MANAGING PARTNER
             SUNOJ KURIAN RESIDING AT PALAKUNNEL HOUSE, ATHIRAMPUZHA
             P.O., KOTTAYAM, PIN - 686562
     2       KALYAN RESIDENCY
             NEAR BUS STAND, KOYILANDY REPRESENTED BY ITS MANAGING PART-
             NER P PRIYESH KUMAR RESIDING AT B-5, CRESCENT VATHIAD FLAT,
             PAVAMANI ROAD, KOZHIKODE, PIN - 673004
             BY ADVS.
             THOMAS ABRAHAM
             MERCIAMMA MATHEW
             ASWIN.P.JOHN
             R.ANANTHAPADMANABAN
             PAUL BABY


RESPONDENTS:


     1       STATE OF KERALA
             REPRESENTED BY ITS SECRETARY, TAXES DEPARTMENT, GOVERN-
             MENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN -
             695001
     2       COMMISSIONER OF EXCISE
             OFFICE OF THE EXCISE COMMISSIONER, BAKERY JUNCTION ROAD, UNI-
             VERSITY OF KERALA SENATE HOUSE CAMPUS, PALAYAM, THIRUVAN-
             ANTHAPURAM, PIN - 695033
 WA No.698/2023
                                      -2-


     3        DEPUTY COMMISSIONER OF EXCISE
              KOZHIKODE, EXCISE DIVISION OFFICE, CIVIL STATION, KOZHIKODE, PIN
              - 673020
     4        DISTRICT COLLECTOR
              KOZHIKODE, COLLECTORATE, CIVIL STATION P.O., KOZHIKODE, PIN -
              673020
     5        DISTRICT POLICE CHIEF
              KOZHIKODE RURAL, OFFICE OF THE DISTRICT POLICE CHIEF, VADA-
              KARA, KOZHIKODE, PIN - 673101


         THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30.03.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA No.698/2023
                               -3-




                        JUDGMENT

A.MUHAMED MUSTAQUE, J.

This appeal is against the interim order dated 29.03.2023

of the learned Single Judge, declining an order of stay passed by

the District Collector invoking Section 54 of the Abkari Act.

District Collector Kozhikode passed an order to close all

beverage outlets and toddy shops in Viyoor, Panthalayani,

Moddani, Keezhariyoor Village of Koyilandi Taluk on 30th and

31st March 2023. This was taking note of the Kaliyatta

Mahotsavam of Sri Pisharikavu Temple Kollam, Koyilandi,

scheduled from 24th March to 31st March 2023.

2. A Division Bench of this Court also, in certain cases,

have affirmed the order of the District Collector taking note of

the facts and circumstances of the case. Law and order is the

subject matter of deliberation by the District Administration.

Merely an apprehension cannot result in closing down an

outlet. Further, as seen from Section 54 of the Abkari Act, if a WA No.698/2023

riot or unlawful assembly is apprehended or occurs in the vicinity

of any such shop, it is open for a magistrate or any police officer

who is present to require such shop to be kept closed for such

period as may be necessary.

3. Therefore, the District Collector can order the Police

to have vigilance over the area, and in case any riot, break outs

or any unlawful incident happens, can order closing down of

shops till normal activities resume.

4. There must be some materials or genuine concern to

order the close down of such outlets. Merely byreferring to a

festival shops cannot be closed down without an appreciation of

the factual grounds. No materials have been relied upon in this

matter.

5. Learned Government Pleader referring to the

judgment of this Court and also with reference to the orders,

submitted that this Court cannot revisit the factual appreciation

by the District Administration. He opposes the prayers in the

matter. We are inclined to stay the operation of the Ext.P2.

Ordered accordingly.

WA No.698/2023

Learned Government Pleader is permitted to convey this

order to the District Administration authority.

Handover.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SHOBA ANNAMMA EAPEN JUDGE

JS