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Kerala High Court
Blueberry Owners Welfare Association vs State Of Kerala on 9 February, 2026
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W.P.(C) No. 44352 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 9TH DAY OF FEBRUARY 2026 / 20TH MAGHA, 1947
WP(C) NO. 44352 OF 2025
PETITIONERS:
1 BLUEBERRY OWNERS WELFARE ASSOCIATION,
SUNPAUL BLUEBERRY DEZIRA,
INFOPARK EXPRESSWAY, KAKKANAD
REPRESENTED BY ITS SECRETARY, PIN-682042
2 CHINTHU JOSE,
AGED 35 YEARS,
SECRETARY, BLUEBERRY OWNERS WELFARE ASSOCIATION,
RESIDING AT VATTAKKUNNEL,
MADAKKATHANAM, KAPPU, VAZHAKKULAM,
ERNAKULAM, KERALA, PIN-686670
BY ADVS.
SMT.ANITA ANN GEORGE
SRI.M.RAMESH CHANDER (SR.)
SRI.GEORGIE JOHNY
SMT.DHANYA K.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY
TAXES, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001
2 THE EXCISE COMMISSIONER,
EXCISE COMMISSIONERATE, VIKAS BHAVAN P.O.,
NANDAVANAM, THIRUVANANTHAPURAM, PIN-695033
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W.P.(C) No. 44352 of 2025
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3 THE DEPUTY EXCISE COMMISSIONER,
EXCISE DIVISION OFFICE,
ERNAKULAM, PIN-682018
4 KERALA STATE BEVERAGES (M&M) CORPORATION LTD.,
REPRESENTED BY ITS MANAGING DIRECTOR,
BEVCO TOWER, PALAYAM, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM, PIN-695033
5 RAJAN GEORGE MANGALATH,
(AGE AND FATHER'S NAME NOT KNOWN TO THE
PETITIONERS) 220-FLAIR HOMES, MANAKKAKADAVU,
THENGOD P.O., THRIKKAKARA, KAKKANAD, PIN-682030
6 AMALKRISHNA B.,
SHOP MANAGER, FOREIGN LIQUOR OUTLET NO. FL.01.7040,
SHOP NOS. 1531 & 1537, SUNPAUL BLUEBERRY DEZIRA,
INFOPARK EXPRESSWAY, KAKKANAD, PIN-682042
7 THRIKKAKARA MUNICIPALITY
REPRESENTED BY ITS SECRETARY,
KAKKANAD P.O., ERNAKULAM DISTRICT, PIN-682030
8 STATION HOUSE OFFICER,
INFOPARK POLICE STATION,
ERNAKULAM DISTRICT, PIN-682021
R1-R3 SMT. SURYA BINOY, SENIOR GOVERNMENT PLEADER
& R8
R4 SRI.NAVEEN T., STANDING COUNSEL,
KERALA STATE BEVERAGES (M&M) CORPORATION
R7 SRI. S. JAMAL, STANDING COUNSEL,
THRIKKAKARA MUNICIPALITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.02.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C) No. 44352 of 2025
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MOHAMMED NIAS C.P., J.
------------------------------------------------
W.P.(C) No. 44352 of 2025
------------------------------------------------
Dated this the 9th day of February, 2026
JUDGMENT
The 1st petitioner is a registered society comprising the
owners of Sunpaul Blueberry Dezire, a residential mixed-use building
along the Infopark Expressway, Kakkanad. It is alleged that 88 out
of the 124 units are residential apartments occupied by families.
2. An FL-1 liquor shop licence was obtained by the Kerala
State Beverages Corporation Limited for functioning in the building
in question. The licence was issued based on a consent given by the
5th respondent, one of the owners, for operating a 'Premium
Takeaway Supermarket'.
3. It is stated that after the commencement of the
operations, the petitioners' building has been subjected to
continuous disorder and nuisance. Long queues extend through the
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common areas and spill out onto the Infopark Expressway, drunken
individuals routinely occupy the corridors, and access to the
building is obstructed due to indiscriminate parking and the
regular arrival of liquor supply trucks. It is also stated that the FL-1
shop is operating in clear violation of the statutory distance
rules.
4. Though several complaints were made, no effective
action was taken. Later, a representation made to the Honourable
Chief Minister was forwarded to the Excise Commissioner. After an
enquiry conducted by the Excise Circle Inspector and the Deputy
Excise Commissioner, they directed, through Exts.P11 and P12, to
relocate the shop.
5. Based on the above pleadings, the petitioners seek
quashing of the licence granted and also for a direction to
respondents 1 and to close the outlet. There is also a prayer to
direct the 4th respondent to relocate the shop.
6. An interim order was passed by this Court on 8 th
December, 2025, which reads as follows:-
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There will be a direction to respondents 1 to 4 to
file a counter affidavit regarding the measures
taken pursuant to Exts.P11 and P12. The 4 th
respondent will also indicate its stand on the
direction issued by the Excise authorities for
relocating the shop. An affidavit shall be filed
within two weeks from today.
In the meantime, there will be a direction to
the 8th respondent to ensure that the ingress and
egress of the members of the petitioner
association are not in any way affected by the
running of the outlet by the 4th respondent.
7. A statement has been filed on behalf of the 3 rd
respondent - Deputy Excise Commissioner, which states that in the
building in question, apart from the FL-1 shop, there is a KSBC
outlet, a hotel, a supermarket and a hair salon are operating on a
commercial basis on the ground floor and first floors of the 13-
storied building. It is also stated that there is a snack shop and an
EV charging station in the parking area. Due to all of these, a part
of the parking area cannot be used. It is further stated that during
peak hours, there are problems with parking, and the Circle
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Inspector of Excise, Ernakulam has reported that there is a
possibility of the problems of parking persisting and therefore, it is
better to relocate the FL-1 outlet to a convenient location and the
matter has been reported before the Excise Commissioner and the
Excise Commissioner has called for the opinion of the Excise
Deputy Commissioner, Ernakulam for relocation of the outlet and
the further action in this matter is under way.
8. The 4th respondent - Beverages Corporation has filed a
counter affidavit, inter alia, contending that they were not heard
before issuing Exts.P11 and P12, and that no orders were issued
directing them to relocate the shop. It is also stated that the
difficulties in the parking have been caused by the EV charging
station, which started functioning in October 2024. It is also stated
that the complaints made against them are baseless.
9. The learned Senior Government Pleader would point
out the general conditions applicable to the licencees under the
Kerala Abkari Shops (Disposal) Rules, 2002, in particular, Rule 7(3)
which states that it shall be competent to the Commissioner of
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Excise to order the transfer of shops from one site or locality to
another site or locality or to alter the specified limits of any shop
even during the currency of the contract or to order any shops to
be closed in the interest of public peace or morality or on grounds
of expediency and in such an event of transfer, alteration or
closure, the contractor shall have no claim for compensation.
10. Given the above, and also the fact that the complaint
was forwarded to the Excise Commissioner, in which he had called
for reports, there will be a direction to the 2 nd respondent, Excise
Commissioner to decide on the complaint preferred by the
petitioners and also their request for relocation within six weeks
from the date of receipt of a copy of this judgment.
11. The petitioners, the 4th respondent and other affected
parties, if any, shall be heard before passing orders as directed
above. It will be open to the petitioners and the 4 th respondent to
place such materials to substantiate their contentions, which shall
be adverted to by the 2nd respondent while taking a decision as
directed above. Till orders are passed as directed above, the interim
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order granted by this Court on 08 th December, 2025, shall continue
to be in operation.
The Writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
bpr
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APPENDIX OF WP(C) NO. 44352 OF 2025
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE CERTIFICATE OF
REGISTRATION DATED 11.05.2022 ISSUED
UNDER SECTION 12 OF THE TRAVANCORE -
COCHIN LITERARY, SCIENTIFIC AND
CHARITABLE SOCIETIES REGISTRATION ACT,
1955 ISSUED BY THE REGISTRAR OF
SOCIETIES (GENERAL)
Exhibit P2 TRUE COPY OF THE LETTER OF CONSENT
SUBMITTED BY THE 5TH RESPONDENT
Exhibit P3 TRUE COPY OF THE PHOTOGRAPHS EVIDENCING
THE BLOCKAGE OF THE MAIN ENTRANCE BY
THE TRUCKS BRINGING THE SUPPLIES
Exhibit P4 TRUE COPIES OF THE PHOTOGRAPHS OF
INTOXICATED INDIVIDUALS PASSED OUT
INSIDE THE PREMISES OF THE BUILDING
Exhibit P5 TRUE COPY OF THE PHOTOGRAPHS EVIDENCING
RECKLESS DISPOSAL OF LIQUOR BOTTLES AND
DAMAGE TO THE BUILDING
Exhibit P6 TRUE COPY OF THE PHOTOGRAPH FROM THE
GATE OF THE BUILDING SHOWING THE ST.
GREGORIOS JACOBITE SYRIAN CHAPEL-ST.
MARY'S DHYANAMANDIRAM
Exhibit P7 THE TRUE COPY OF THE REPRESENTATION
DATED 10.12.2024 SUBMITTED BY THE
PETITIONER BEFORE THE HON'BLE CHIEF
MINISTER
Exhibit P8 TRUE COPY OF THE COMMUNICATION DATED
17.03.2025 ISSUED FROM THE OFFICE OF
THE 2ND RESPONDENT EXCISE COMMISSIONER
Exhibit P9 TRUE COPY OF THE COMPLAINT DATED
28.07.2025 BY THE PETITIONER BEFORE THE
8TH RESPONDENT
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Exhibit P10 TRUE COPY OF THE COMPLAINT DATED
04.08.2025 BEFORE THE ASSISTANT
COMMISSIONER OF POLICE, THRIKKAKARA
Exhibit P11 TRUE COPY OF THE REPORT OF THE 3RD
RESPONDENT DATED 29.08.2025 SUBMITTED
BEFORE THE 2ND RESPONDENT
Exhibit P12 TRUE COPY OF THE COMMUNICATION DATED
29.10.2025 ISSUED BY THE 3RD RESPONDENT
TO THE PETITIONER HEREIN
Exhibit P13 THE TRUE COPY OF THE LETTER OF INTEREST
DATED 27.09.2025 SUBMITTED BY ONE N.R.
BABU BEFORE THE 4TH RESPONDENT
Exhibit P14 PHOTOGRAPH CLEARLY DEPICTING THE
OBSTRUCTION, THE SPECIFIC AREA WHERE
THE VEHICLE WAS PARKED, AND THE TIME-
STAMPS EVIDENCING THE DURATION OF THE
OBSTRUCTION
RESPONDENTS' ANNEXURES
Exhibit R4(a) TRUE COPY OF THE CURRENT EXCISE LICENCE
DATED 28/3/2025 ISSUED BY THE EXCISE
DEPARTMENT
Exhibit R4(b) TRUE COPY OF THE CURRENT D AND O
LICENCE DATED 1/4/2025 ISSUED BY THE
THRIKKAKARA MUNICIPALITY
Annexure R8 (a) TRUE COPY OF THE AGREEMENT DATED
01.09.2024 ENTERED INTO BY THE
SECRETARY OF THE 1ST PETITIONER
Annexure R8 (c) TRUE COPY OF THE PHOTOGRAPHS SHOWING
THE ACCESS POINTS TO THE BUILDING AND
AFORESAID OPERATIONS
Annexure R8 (b) TRUE COPY OF THE AGREEMENT DATED
01.09.2025 ENTERED INTO BY THE
SECRETARY OF THE 1ST PETITIONER
