Kerala High Court
K.N Vijayan vs Union Of India Represented By Its ... on 6 March, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
WP(C) NO. 6592 OF 2024
PETITIONERS:
1 K.N VIJAYAN,
AGED 73 YEARS
S/O NARAYANAN, RESIDING AT KATTUNGAL HOUSE, PARALAM P.O,
VENGNIESSARY, THRISSUR DISTRICT., PIN - 680563
2 A.A. JOSE,
AGED 73 YEARS
S/O AUGUSTINE, RESIDING AT ARACKAL HOUSE, PERAMANGALM
P.O, MUNDUR, THRISSUR DISTRICT., PIN - 680546
3 ABDULLA K.M,
AGED 59 YEARS
S/O MOHAMMED, RESIDING AT KOLAYIL HOUSE, THALI P.O,
PERAPPURAM, VARAVOOR, THRISSUR., PIN - 680585
4 ANIYAN. K.R,
AGED 73 YEARS
S/O RAMAN, RESIDING AT KANDANGATH HOUSE, PURANATTUKARA,
DEVITHARA ROAD, PURANATTUKARA P.O, ADAT, THRISSUR
DISTRICT., PIN - 680551
5 M. RADHAKRISHNAN.
AGED 73 YEARS
RESIDING AT MOOZIKKAL HOUSE, KOTTAKKAL P.O, MALAPPURAM
DISTRICT., PIN - 676503
BY ADVS.
R.NIKHIL
AZHAR M.
RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY ITS SECRETARY,
MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI., PIN -
110001
2 THE DEPUTY INSPECTOR GENERAL,
GROUP CENTRE, CENTRAL RESERVE POLICE FORCE, PALLIPPURAM,
THIRUVANANTHAPURAM, KERALA., PIN - 695316
3 THE CHAIRMAN,
WP(C) Nos.8040 & 6592 of 2024
2
WELFARE AND REHABILITATION BOARD, MINISTRY OF HOME
AFFAIRS, ROOM NO.204-205, 2ND FLOOR, F WING, NIRMAN
BHAVAN, NEW DELHI., PIN - 110011
4 THE COMMANDANT,
105 RAPID ACTION FORCE, BATTALION, VELLALORE P.O,
COIMBATORE DISTRICT, TAMIL NADU., PIN - 641111
5 THE DIRECTOR GENERAL,
CENTRAL RESERVE POLICE FORCE, CISF HEAD QUARTERS, CGO
COMPLEX, LODHI ROAD NEW DELHI., PIN - 110003
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.03.2024, ALONG WITH WP(C).8040/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.8040 & 6592 of 2024
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
WP(C) NO. 8040 OF 2024
PETITIONERS:
1 P.M.CHANDRAN,
AGED 74 YEARS
S/O P.A.MADHAVAN, RESIDING AT PARAMBIL HOUSE PULLAZHY
P.O, THRISSUR DISTRICT., PIN - 680012
2 K.N.ARAVINDHAKSHAN,
AGED 72 YEARS
S/O K.V.NARAYANAN, RESIDING AT KANDAMKULANGARA HOUSE
ERAVU P.O, THIRISSUR DISTRICT., PIN - 680620
3 KOCHUNNY C.I,
AGED 71 YEARS
S/O ITTIMANI, RESIDING AT CHEERAN HOUSE, EYYAL P.O.,
THRISSUR DISTRICT., PIN - 680501
4 T.S. PUSHPAN,
AGED 78 YEARS
S/O SANKARAN, RESIDING AT THARAYIL HOUSE, EYYAL P.O,
THIRISSUR DISTRICT., PIN - 690501
5 C.V. JOSE,
AGED 73 YEARS
S/O C.C VARKEY, RESIDING AT CHEERAN HOUSE, PERAKAM P.O,
CHAVAKKAD, THRISSUR DISTRICT., PIN - 680506
6 P. GANGADHARAN,
AGED 73 YEARS
S/O K SANKARAN NAIR, RESIDING AT NEDIUM PARAMBATH HOUSE,
TRIKKANDIYOOR P.O, TIRUR, MALAPPURAM DISTRICT., PIN -
676104
7 SUSAMMA K.,
AGED 58 YEARS
W/O JOHNSON, RESIDING AT JOHNS VILLA KADAYIL, PERUMPUZHA
(PO), KOLLAM DISTRICT., PIN - 691504
8 SURESH KUMAR T.V,
AGED 37 YEARS
S/O VELAYUDHAN T.C, RESIDING AT THUVARAKKAD HOUSE,
KINAVALLUR PARLI (PO), PALAKKAD DISTRICT., PIN - 678612
WP(C) Nos.8040 & 6592 of 2024
4
9 RAJEESH.K,
AGED 36 YEARS
S/O RADHA KRISHNAN, RESIDING AT THONIPOKKIL HOUSE,
CHATAMANGALAM (PO), NIT (VIA), KOZHIKODE DISTRICT., PIN -
673601
10 VIBINKUMAR M.V,
AGED 41 YEARS
S/O VINAYAN, RESIDING AT MATTANPPALLIL HOUSE, 65/3573,
MEENAI KODAN LANE, TONOTH ROAD, KALOOR PO, ERNAKULAM
DISTRICT., PIN - 682017
11 K. HARIDASAN,
AGED 73 YEARS
S/O KARAPPAN, RESIDING AT KALARIKKAL HOUSE, KOTTAKKAL
P.O, MALAPPURAM DISTRICT., PIN - 676503
BY ADVS.
R.NIKHIL
AZHAR M.
RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY ITS SECRETARY,
MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI., PIN -
110001
2 THE DEPUTY INSPECTOR GENERAL,
GROUP CENTRE, CENTRAL RESERVE POLICE FORCE, PALLIPPURAM,
THIRUVANANTHAPURAM, KERALA., PIN - 695316
3 THE CHAIRMAN,
WELFARE AND REHABILITATION BOARD, MINISTRY OF HOME
AFFAIRS, ROOM NO.204-205, 2ND FLOOR, F WING, NIRMAN
BHAVAN, NEW DELHI., PIN - 110011
4 THE COMMANDANT,
105 RAPID ACTION FORCE, BATTALION, VELLALORE P.O,
COIMBATORE DISTRICT, TAMIL NADU., PIN - 641111
5 THE DIRECTOR GENERAL,
CENTRAL RESERVE POLICE FORCE, CISF HEAD QUARTERS, CGO
COMPLEX, LODHI ROAD NEW DELHI., PIN - 110003
SRI.S.MANU, DSGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.03.2024, ALONG WITH WP(C).6592/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.8040 & 6592 of 2024
5
JUDGMENT
The petitioners in these cases are stated to
have been personnel serving the Central Reserve
Police Force (CRPF), but concede to have been
discharged from service on personal reasons,
before having completed 20 years service. They
say that they were issued "Liquor Cards" in the
past, as was done in the case of other personnel
who have retired from the service of the CRPF;
but that when the new system of liquor
procurement, namely the 'Centralized Liquor
Management System' (CLMS), was introduced by the
Government of India, they alone have been
discriminated and denied such benefit, however,
without any reason.
2. The petitioners assert that, when a
privilege given in the past has been taken away,
WP(C) Nos.8040 & 6592 of 2024
they ought to have been informed why; however,
asserting that it is impossible that this could
have been done because, they are, in no way,
different from officers who have retired from
the CRPF.
3. Smt.Mini Gopinath - learned Central
Government Counsel, initially sought for time to
file counter pleadings in this matter; but then
asserted that the inclusion of a category of
persons or otherwise in the "CLMS", is the
matter of policy, which is within the realm of
decision making process of the competent
Authorities. She explained that no individual or
category of persons can obtain a vested right to
claim any such privilege particularly because,
it is liquor which is being sought for; and
hence prayed that this writ petition be
dismissed.
WP(C) Nos.8040 & 6592 of 2024
4. I have considered the afore submissions
and have also gone through the pleadings on
record.
5. I must record upfront that this Court
does not intent to enter into the merits of the
contentions of the parties affirmatively at this
stage because, as rightly argued by Smt.Mini
Gopinath, the right to procure liquor, cannot be
seen to be a constitutional right much less a
fundamental one.
6. However, it is the specific case of the
petitioners that they were issued "Liquor Cards"
in the past and that they were enjoying the
benefit of accessing the "Centralilsed Canteen"
to purchase it; but that when "CLMS" was
introduced, this has been denied, without citing
any reason. There is nothing on record to
indicate that a considered decision was taken by
WP(C) Nos.8040 & 6592 of 2024
any other competent Authority to deny the access
to liquor to persons who were discharged from
the service of the CRPF; and hence it would not
be prudent for this Court to endevour to decide
these issues at this stage.
7. As matters now stand, it is the specific
case of the petitioners that they have been
denied access to the "CLMS" and that this is not
for any valid reason, and not on the basis of a
decided policy.
8. In such circumstances, I am certain that
the competent Authority must hear the
petitioners and take a decision on their claim
particularly because, if their exclusion from
the "CLMS" is not on the basis of the policy,
but a mere omission, then reparatory measures
can be taken, if there are no other legal
impediment.
WP(C) Nos.8040 & 6592 of 2024
In the afore circumstances, I direct the
competent Authority of the CRPF to immediately
hear the petitioners and persons identically
situated, if any; thus take a decision on their
claim for being introduced into the "CLMS".
A final decision in this regard shall be
issued by the competent Authority as
expeditiously as possible, but not later than
three months from the date of receipt of a copy
of this judgment.
These writ petitions are disposed of.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
WP(C) Nos.8040 & 6592 of 2024
APPENDIX OF WP(C) 8040/2024
PETITIONERS' EXHIBITS :
Exhibit P1 A TRUE COPY OF THE OFFICE MEMORANDUM
NO.27011/18/2006-R&W DATED 18.09.2006 ISSUED
BY THE 1ST RESPONDENT
Exhibit P2 A TRUE COPY OF THE JUDGMENT DATED 09.07.2019
IN W.P(C) NO:18110/2016 ON THE FILES OF THIS
HON'BLE COURT
Exhibit P3 A TRUE COPY OF THE LIQUOR CARD ISSUED TO THE
1ST PETITIONER
Exhibit P4 A TRUE COPY OF THE LIQUOR CARD ISSUED TO THE
2ND PETITIONER
Exhibit P5 A TRUE COPY OF THE LIQUOR CARD ISSUED TO THE
3RD PETITIONER
Exhibit P6 A TRUE COPY OF THE LIQUOR CARD ISSUED TO THE
4TH PETITIONER
Exhibit P7 A TRUE COPY OF THE LIQUOR CARD ISSUED TO THE
5TH PETITIONER
Exhibit P8 A TRUE COPY OF THE LIQUOR CARD ISSUED TO THE
6TH PETITIONER
Exhibit P9 A TRUE COPY OF THE LIQUOR CARD ISSUED TO THE
7TH PETITIONER
Exhibit P10 A TRUE COPY OF THE LIQUOR CARD ISSUED TO THE
8TH PETITIONER
Exhibit 11 A TRUE COPY OF THE LIQUOR CARD ISSUED TO THE
9TH PETITIONER
Exhibit P12 A TRUE COPY OF THE LIQUOR CARD ISSUED TO THE
10TH PETITIONER
Exhibit P13 A TRUE COPY OF THE LIQUOR CARD ISSUED TO THE
11TH PETITIONER
Exhibit P14 A TRUE COPY OF THE ORDER DATED 02.01.2023
ISSUED BY THE 5TH RESPONDENT ALONG WITH ITS
ENGLISH TRANSLATED COPY
Exhibit P15 A TRUE COPY OF THE ORDER DATED 24.03.2023 IN
WPC 10204/2023 ON THE FILES OF THIS HON'BLE
COURT
Exhibit P16 A TRUE COPY OF THE INTERIM ORDER DATED
21.02.2024 IN W.P.(C) NO:6592 OF 2024 ON THE
FILES OF THIS HON'BLE COURT
WP(C) Nos.8040 & 6592 of 2024
Exhibit P17 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONERS TO THE 1ST RESPONDENT DATED
21.02.2024
Exhibit P18 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONERS TO THE 2ND RESPONDENT DATED
21.02.2024
Exhibit P19 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONERS TO THE 3RD RESPONDENT DATED
21.02.2024
Exhibit P20 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONERS TO THE 4TH RESPONDENT DATED
21.02.2024
Exhibit P21 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONERS TO THE 5TH RESPONDENT DATED
21.02.2024
WP(C) Nos.8040 & 6592 of 2024
APPENDIX OF WP(C) 6592/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE OFFICE MEMORANDUM
NO.27011/18/2006-R&W DATED 18.09.2006 ISSUED
BY THE 1ST RESPONDENT
Exhibit P2 A TRUE COPY OF THE JUDGMENT DATED 09.07.2019
IN W.P(C) NO:18110/2016 ON THE FILES OF THIS
HON'BLE COURT
Exhibit P3 A TRUE COPY OF THE LIQUOR CARD ISSUED TO THE
1ST PETITIONER
Exhibit P4 A TRUE COPY OF THE LIQUOR CARD ISSUED TO THE
2ND PETITIONER
Exhibit P5 A TRUE COPY OF THE LIQUOR CARD ISSUED TO THE
3RD PETITIONER
Exhibit P6 A TRUE COPY OF THE LIQUOR CARD ISSUED TO THE
4TH PETITIONER
Exhibit P7 A TRUE COPY OF THE LIQUOR CARD ISSUED TO THE
5TH PETITIONER
Exhibit P8 A TRUE COPY OF THE ENGLISH TRANSLATED COPY OF
THE ORDER DATED 02.01.2023 ISSUED BY THE 5TH
RESPONDENT
Exhibit P9 A TRUE COPY OF THE ORDER DATED 24.03.2023 IN
WPC 10204/2023 ON THE FILES OF THIS HON'BLE
COURT
Exhibit P10 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE 1ST PETITIONER TO THE 2ND RESPONDENT
Exhibit P11 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE 2ND PETITIONER TO THE 3RD RESPONDENT DATED
07.02.2024
Exhibit P12 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE 3RD PETITIONER TO THE 3RD RESPONDENT DATED
07.02.2024
Exhibit P13 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE 4TH PETITIONER TO THE 4TH RESPONDENT DATED
07.02.2024
Exhibit P14 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE 5TH PETITIONER TO THE 5TH RESPONDENT DATED
07.02.2024
