Kerala High Court
Shibu S.S vs Deputy Excise Commissioner on 24 October, 2025
WP(C) NO. 30815 OF 2023 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 24TH DAY OF OCTOBER 2025 / 2ND KARTHIKA, 1947
WP(C) NO. 30815 OF 2023
PETITIONER:
SHIBU S.S
AGED 57 YEARS
SON OF SUDARSANAN, VEDANTHA HOUSE, WINNERS NAGAR,
PEROORKADA P.O, THIRUVANANTHAPURAM, PIN - 695005
BY ADVS.
SRI.C.P.SAJI
SMT. AHALYA PRAKASH K.V.
RESPONDENTS:
1 DEPUTY EXCISE COMMISSIONER
EAST PORT, PAZHAVANGADI,THIRUVANATHAPURAM,
PIN - 695023
2 EXCISE CIRCLE INSPECTOR
EAST PORT, PAZHAVANGADI,THIRUVANATHAPURAM,
PIN - 695023
3 MANAGING DIRECTOR
KERALA STATE BEVERAGES (M&M) CORPORATION LIMITED
BEVCO POWER, CANTONMENT HOUSE ROAD, VIKAS BHAVAN
P.O.PALAYAM PMG ROAD, THIRUVANANTHAPURAM,
PIN - 695033
4 *ADDL R4
THE STATE OF KERALA REPRESENTED BY ITS SECRETARY
DEPARTMENT OF EXCISE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM -695001
WP(C) NO. 30815 OF 2023 2
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5 *ADDL R5
EXCISE COMMISSIONER
EAST PORT,PAZHAVANGADI,THIRUVANANTHAPURAM -695023
*ADDL R4 AND ADDL R5 IS IMPLEADED AS PER ORDER
DATED 03.10.2023 IN I.A.1/23 IN WP(C)30815/2023.
OTHER PRESENT:
SRI.T.NAVEEN,SC,
SRI V.S.SREEJITH,GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.10.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner is seeking the quashing of Ext.P4, the
report of the 2nd respondent, the Excise Circle Inspector, which
granted consent for establishing and operating a beverages outlet
in the Thiruvananthapuram Corporation Building Nos. 31/1440-
1458 of Akilam Commercial Complex, situated at Peroorkada
Junction.
2. Petitioner complains that the outlet is established
without any precaution in a highly populated area and by the side
of a road, causing heavy traffic. It is also alleged that there is a
Government Higher Secondary School near the outlet, and the
functioning of the outlet will cause heavy traffic block and
accidents; therefore, it is against the interest of the public.
3. A memo was filed by the learned Government Pleader
on 11.10.2023, producing a report of the Excise Commissioner,
which reads as follows:-
"The FL1 1020 Ambalamukku is functioning in
Thiruvananthapuram Corporation building No TC 32/1440-
1458 of Akhiliam Commercial Complex situated by the side
of Peroorkada-Nedumangad road near Peroorkada
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Junction. During the licensing process of the FL1 Shop
itself, the Manager KSBC Warehouse, Nedumangad has
informed the Deputy Excise Commissioner,
Thiruvananthapuram that the cellar portion of the
building is available for the purpose of parking. Apart from
this, another 26 cents property of the building owner,
situated on the northern side of the building is also
earmarked to construct parking area. Moreover the
building owner agreed that he will make provisions for
appointing security personnel from his own expenses to
control vehicles of customers. The Manager of the shop has
given assurance that no parking is being allowed in front of
the building and he would be solely responsible for the
parking arrangement."
4. Based on the above memo, this Court passed an order
on 17.10.2023 directing the Excise Circle Inspector to keep a vigil in
the area in question and file a report with respect to at least a
week's operation of the liquor shop, detailing the nature of the
crowd that gathers in front of it. Pursuant to the said direction, a
memo was filed on 03.11.2023, producing the report of the Excise
Circle Inspector, which reads as follows:-
"The Deputy Excise Commissioner Thiruvananthapuram
has Issued license for the functioning of FL-1 1020 KSBC
Shop TC 32/1440 to 1458 building Akhilam Commercial
Complex owned by Smt. R.A. Kaseetha situated on the east
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of Peroorkada Nedumangad road, Peroorkada Junction,
Peroorkada Desom, Peroorkada Village,
Thiruvananthapuram Taluk. The Institution started
functioning in above said building from 16.09.2023. The
PSNM Govt. Higher Secondary School is situated at a
distance of 207 m, south-west from the Institution which is
beyond the objectionable site distance limit. Hence the
Institution is functioning as per lawful distance limit. I
have Inspected the shop from 23.10.23 to 29.10.23 and found
that in 23.10.23 1543 persons, 24.10.23 1532 persons, 25.10.23
1483 persons, 26.10.23 1399 persons, 27.10.23 1460 persons,
28.10.23 1669 persons, 29.10.23 1693 persons has purchased
liquor from the shop as per the bill and it has been verified.
In the above said dates during school timings i.e. from
3:30pm to 4:30 pm 62, 69, 66, 63, 80, 77, 79 persons has
purchased from the shop respectively. It has been verified
with the bill and found correct. The functioning time of the
shop is from 10:00 am to 9:00 pm. The average purchase in
the shop at a time is 137 persons. The shop is situated at a
distance of approximately 100m north from the traffic
signal in Peroorkada junction. The parking facility is
provided in the cellar floor of the building and also in a 26
cent plot north to the building. One Security official is
appointed to control the smooth flow of traffic. No Vehicle
parking is noticed in the 26 cent plot north to the building.
Moreover no overcrowding of people or traffic congestions
was noticed in front of the road as reason of the customers
coming to buy IMFL from the shop. The above facts are
humbly reported."
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5. The above statements are recorded. Taking note of
the precautions taken in the running of the outlet, I am not
inclined to pass any further orders in this writ petition. However,
it is made clear that it will be open to the petitioner to complain to
the authorities concerned if the steps suggested in the memo are
not being followed. In case the petitioner files any such complaint,
the authorities shall consider the same and take appropriate action
in accordance with law.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
Anu
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APPENDIX OF WP(C) 30815/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTO COPY OF THE APPLICATION
SUBMITTED UNDER THE RIGHT TO
INFORMATION ACT DATED 12.09.2023
Exhibit P2 TRUE PHOTO COPY OF THE REPLY GAVE BY
THE 2ND RESPONDENT DATED 14.09.2023
Exhibit P3 TRUE PHOTO COPY OF THE REPORT DATED
19.07.2023 OF THE 2ND RESPONDENT
Exhibit P4 TRUE PHOTO COPY OF THE REPLY RECEIVED
UNDER THE RTI ACT FROM THE OFFICE OF
THE 2ND RESPONDENT DATED 15.09.2023
ALONG WITH THE REPORT DATED 05. 09.2023
OF THE 2ND RESPONDENT
Exhibit P5 TRUE PHOTO COPY OF THE PLAN PREPARED BY
THE 2ND RESPONDENT SHOWING THE LOCATION
OF THE PROPOSED BEVERAGES OUTLET
Exhibit P6 TRUE PHOTO COPY OF THE REPRESENTATION
DATED 16.09.2023 OF THE PETITIONER TO
THE 1ST RESPONDENT
