Kerala High Court
Arun C.A vs State Of Kerala on 4 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Thursday, the 4th day of April 2024 / 15th Chaithra, 1946
WP(C) NO. 13777 OF 2024
PETITIONER:
ARUN C.A., AGED 44 YEARS, S/O.ARAVINDAKSHAN, CHERUVALLIL HOUSE,
KODUNGALLUR P.O, THANDAMKULAM DESOM, KODUNGALLUR TALUK, THRISSUR
DISTRICT, PIN - 680664
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY SECRETARY, TAXES (A) DEPARTMENT,
GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2. THE EXCISE COMMISSIONER , COMMISSIONERATE OF EXCISE, EXCISE HEAD
QUARTERS, NANDAVANAM, THIRUVANANTHAPURAM, PIN - 695033
3. THE DEPUTY COMMISSIONER OF EXCISE EXCISE DIVISION OFFICE, ROOM NO.
64, 2ND FOOR, CIVIL STATION, AYYANTHOLE, THRISSUR, PIN - 680003
4. THE DISTRICT COLLECTOR & DISTRICT MAGISTRATE CIVIL STATION,
AYYANTHOLE, THRISSUR, PIN -680003
5. THE DISTRICT POLICE CHIEF THRISSUR RURAL, KALYAN NAGAR, AYYANTHOLE,
THRISSUR, PIN -680003
6. THE CIRCLE INSPECTOR OF POLICE, KODUNGALLUR POLICE STATION,
KODUNGALLUR, THRISSUR DISTRICT, PIN - 680307
7. THE CHIEF SECRETARY GOVT. OF KERALA, GOVT. SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
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 pass an order directing the respondents not to close down the
toddy shops of the petitioner in Kodungallur Excise range in pursuance to
Ext.P1 order from 07.04.2024 to 10.04.2024 in connection with the bharani
festival at Kodungallur Sree Kurumba Bhagavathi Temple, pending disposal
of the above writ petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.NIREESH MATHEW, Advocate for the petitioner, the court passed the
following:
N.NAGARESH, J.
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W.P.(C) No.13777 of 2024
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Dated this the 4th day of April, 2024
ORDER
By Ext.P1 proceedings, the District Magistrate has banned
the sale of liquor from 07.04.2024 to 10.04.2024 within the limits
of Kodungallur Police Station in connection with the Bharani
Festival at Kodungallur Sree Kurumba Bhagavathi Temple.
2. The petitioner states that most of the Toddy Shops of
the petitioner are situated at a distance of more than 2 Km away
from the temple festival area.
3. Government Pleader representing the respondents
opposed grant of any reliefs stating that in the light of a Division
Bench judgment of this Court, the respondents have all the
authority to suspend the sale of liquor, taking into consideration
public interest.
4. The Government Pleader also submits that the
Toddy Shops No.14 (Kalpaka), No.15 (Elthuruth), No.20
(Chanthappura) and No.31 (Padinjare Nada TB) are situated
at a distance of 700 Metres, 1.2 Km, 1.7 Km and 750 Metres
respectively away from the Temple Festival area.
5. In the facts of the case, there will be an interim
order staying the operation of Ext.P1 to the extent it is
applicable to the petitioner, except the Toddy Shop Nos.14,
15, 20 and 31 situated at Kalpaka, Elthuruth, Chanthappura
and Padinjare Nada TB, which are situated within 2 Km from
the Temple.
Post on 12.04.2024.
Sd/-
N.NAGARESH
JUDGE
spk
