Hotel Park Residency Koorkenchery, Thrissur & others v. State of Kerala & Others

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN`** ## **`FRIDAY, THE 28[TH] DAY OF APRIL 2023 / 8TH VAISAKHA, 1945`** ## **`WP(C) NO. 14789 OF 2023`** ## **`PETITIONER/S:`** - `1 HOTEL PARK RESIDENCY KOORKENCHERY, THRISSUR 680007 REPRESENTED BY ITS MANAGING PARTNER SUNOJ KURIAN RESIDING AT PALAKUNNEL HOUSE, ATHIRAMPUZHA P.O., KOTTAYAM, PIN - 686562` - `2 HOTEL NIYA REGENCY KANJANI ROAD, ELTHURUTH JUNCTION, CHETTUPUZHA, THRISSUR 680012 REPRESENTED BY ITS PROPRIETOR SMT.HELENA T R RESIDING AT KALARICKAL HOUSE, KUNNAMTHANAM P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689581` - `3 DAYA REGENCY POLAKULATH BUILDING, MANNUTHY ROAD, PARAVATTANI, THRISSUR REPRESENTED BY ITS MANAGING PARTNER P N KRISHNADAS RESIDING AT 40/446, POLAKULATH HOUSE, AUTOMOBILE ROAD, PALARIVATTOM, ERNAKULAM, PIN - 682025` - `4 KOVILAKAM RESIDENCY KOVILAKATHUMPADAM, THIRUVAMBADY P.O., THRISSUR 680022 REPRESENTED BY ITS MANAGING DIRECTOR K T VASUDEVAN RESIDING AT KUNNATHULLY HOUSE, SIDHARTHA AVENUE ROAD, CHIYYARAM P.O., THRISSUR, PIN - 680026` - `5 SANGEETHA HOTELS OLLUR, THRISSUR 680306 REPRESENTED BY ITS MANAGING PARTNER K R SURESHKUMAR RESIDING AT KALLADA HOUSE, HILL ROAD, IRINJALAKUDA, PIN - 680125` - `6 KANGAPPADAN RESIDENCY RAMAVARMAPURAM, THRISSUR REPRESENTED BY ITS PROPRIETOR K P KURIAN RESIDING AT KANGAPPADAN THARAVAD, RAMAVARMAPURAM, THRISSUR, PIN - 680631` - `7 KALLADA HOTELS AND RESORTS MANNUTHY REPRESENTED BY ITS MANAGING PARTNER K R SUNILKUMAR RESIDING AT KALLADA HOUSE, AKP JUNCTION, IRINJALAKUDA, PIN - 680125` - `8 HOTEL DASS CONTINENTAL THRISSUR REPRESENTED BY ITS MANAGING PARTNER K B PADMADAS RESIDING AT 'THEERTHAM', KOOLIYATTU VALAPPIL HOUSE, PADUKKAD, VIYYUR P.O., THRISSUR, PIN - 680010` - `9 DASS REGENCY PVT. LTD. 32/1284-1, SHAKTHAN THAMPURAN NAGAR, THRISSUR REPRESENTED BY ITS MANAGING DIRECTOR JAYADAS K B RESIDING AT KOOLIYATTU VALAPPIL, MULLURKARA, THRISSUR, PIN - 680587` - `10 THRISSUR TOWERS HOTEL PVT. LTD.` ## **`WP(C) NOS. 14680, 14789 & 14871 OF 2023`** ``` -2- ``` ``` T B ROAD, THRISSUR REPRESENTED BY ITS MANAGING DIRECTOR P S SUNILKUMAR RESIDING AT PANIKKASSERY HOUSE, KOORKENCHERY P.O., THRISSUR, PIN - 680007 ``` - `11 TRICHUR TOURIST COMPLEX PVT. LTD. M.G. ROAD, THRISSUR REPRESENTED BY ITS MANAGING DIRECTOR P K SIVASANKARAN RESIDING AT PALLATHERI HOUSE, MATTATHURKUNNU P.O., THRISSUR, PIN - 680684` - `12 CENTRAL HOTEL AGENCIES MUSEUM ROAD, CHEMBUKKAVU P.O., THRISSUR REPRESENTED BY ITS MANAGING DIRECTOR JILSU T.S. RESIDING AT THASHNATH HOUSE, CHENTRAPPINNI, THRISSUR, PIN - 680687` - `13 MOTHIMAHAL RESIDENCY CHIRA ROAD, M.G. ROAD, THRISSUR REPRESENTED BY ITS MANAGING PARTNER SANJAY LAL T. M. RESIDING AT THOTTATHIL HOUSE, THOTTATHIL LANE, THRISSUR, PIN - 680005` - `14 ASOKA INN T B ROAD, SHAKTHAN THAMPURAN NAGAR, THRISSUR REPRESENTED BY ITS MANAGING PARTNER OMANA ASOKAN RESIDING AT 'SREELAKSHMI', BENNET ROAD, CHEMBUKKAVU, THRISSUR, PIN - 680020` - `15 PEEVES PLAZA PALAKKAL ANGADI, THRISSUR REPRESENTED BY ITS MANAGING PARTNER K B PADMADAS RESIDING AT 'THEERTHAM', KOOLIYATTU VALAPPIL HOUSE, PADUKKAD, VIYYUR P.O., THRISSUR ., PIN - 680010` - `16 ARAMANA BAR AND RESTAURANT RAILWAY STATION ROAD, THRISSUR REPRESENTED BY ITS MANAGING PARTNER OMANA ASOKAN RESIDING AT 'SREELAKSHMI', BENNET ROAD, CHEMBUKKAVU, THRISSUR, PIN - 680020` - `17 HOTEL ELITE INTERNATIONAL CHEMBOTTIL LANE, THRISSUR ROUND REPRESENTED BY ITS MANAGING PARTNER K C ANILKUMAR RESIDING AT KOLLARA HOUSE, CIVIL LANE ROAD, AYYANTHOLE, THRISSUR, PIN - 680003` - `18 J P HOTELS AND SHOPPING COMPLEX WEST FORT, THRISSUR REPRESENTED BY ITS MANAGING PARTNER K V SADANANDAN RESIDING AT K S VELAYUDHAN, 17/871, KOLLARA HOUSE, VELLAYICKAL LANE, THRISSUR, PIN - 680001` ## **`WP(C) NOS. 14680, 14789 & 14871 OF 2023`** ``` -3- ``` - `19 VOLGA RESTAURANT MANNADIAR LANE, THRISSUR REPRESENTED BY ITS MANAGING PARTNER SHAJU A. ANTONY RESIDING AT AYNICKKAL HOUSE, KUNDOOR P.O., MALA,, PIN - 680734` - `20 KALLADA HOTELS MANNUTHY, THRISSUR REPRESENTED BY ITS MANAGING PARTNER K R SUNILKUMAR RESIDING AT KALLADA HOUSE, AKP JUNCTION, IRINJALAKUDA, PIN - 680125 BY ADVS. THOMAS ABRAHAM MERCIAMMA MATHEW ASWIN.P.JOHN R.ANANTHAPADMANABAN PAUL BABY` ## **`RESPONDENT/S:`** - `1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, TAXES DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001` - `2 COMMISSIONER OF EXCISE OFFICE OF THE EXCISE COMMISSIONER, BAKERY JUNCTION ROAD, UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PALAYAM, THIRUVANANTHAPURAM, PIN - 695033` - `3 DEPUTY COMMISSIONER OF EXCISE OFFICE OF THE DEPUTY COMMISSIONER OF EXCISE, CIVIL STATION, AYYANTHOLE, THRISSUR, PIN - 680003` - `4 DISTRICT COLLECTOR THRISSUR, CIVIL STATION, AYYANTHOLE, THRISSUR, PIN - 680003` - `5 DISTRICT POLICE CHIEF (THRISSUR CITY) RAMAVARMAPURAM ROAD, PALLIMOOLA, MANNUMKAD, THRISSUR, PIN – 680631` ``` BY SRI. K.M.FIROZ, GOVERNMENT PLEADER ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.04.2023, ALONG WITH W.P.(C) NOS.14680 & 14871 OF 2023. THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NOS. 14680, 14789 & 14871 OF 2023 ``` ``` -4- ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 28[TH] DAY OF APRIL 2023 / 8TH VAISAKHA, 1945`** ## **`WP(C) NO. 14871 OF 2023`** ## **`PETITIONER/S:`** - `1 HOTEL PARK RESIDENCY KOORKENCHERY, THRISSUR 680007 REPRESENTED BY ITS MANAGING PARTNER SUNOJ KURIAN RESIDING AT PALAKUNNEL HOUSE, ATHIRAMPUZHA P.O., KOTTAYAM, PIN - 686562` - `2 HOTEL NIYA REGENCY KANJANI ROAD, ELTHURUTH JUNCTION, CHETTUPUZHA, THRISSUR 680012 REPRESENTED BY ITS PROPRIETOR SMT.HELENA T R RESIDING AT KALARICKAL HOUSE, KUNNAMTHANAM P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689581` - `3 DAYA REGENCY POLAKULATH BUILDING, MANNUTHY ROAD, PARAVATTANI, THRISSUR REPRESENTED BY ITS MANAGING PARTNER P N KRISHNADAS RESIDING AT 40/446, POLAKULATH HOUSE, AUTOMOBILE ROAD, PALARIVATTOM, ERNAKULAM-, PIN - 682025` - `4 KOVILAKAM RESIDENCY KOVILAKATHUMPADAM, THIRUVAMBADY P.O., THRISSUR 680022 REPRESENTED BY ITS MANAGING DIRECTOR K T VASUDEVAN RESIDING AT KUNNATHULLY HOUSE, SIDHARTHA AVENUE ROAD, CHIYYARAM P.O., THRISSUR, PIN - 680026` - `5 SANGEETHA HOTELS OLLUR, THRISSUR 680306 REPRESENTED BY ITS MANAGING PARTNER K R SURESHKUMAR RESIDING AT KALLADA HOUSE, HILL ROAD, IRINJALAKUDA, PIN - 680125` - `6 KANGAPPADAN RESIDENCY RAMAVARMAPURAM, THRISSUR REPRESENTED BY ITS PROPRIETOR K P KURIAN RESIDING AT KANGAPPADAN THARAVAD, RAMAVARMAPURAM, THRISSUR, PIN - 680631` - `7 KALLADA HOTELS AND RESORTS` ## **`WP(C) NOS. 14680, 14789 & 14871 OF 2023`** ``` -5- ``` ``` MANNUTHY REPRESENTED BY ITS MANAGING PARTNER K R SUNILKUMAR RESIDING AT KALLADA HOUSE, AKP JUNCTION, IRINJALAKUDA, PIN - 680125 ``` - `8 HOTEL DASS CONTINENTAL THRISSUR REPRESENTED BY ITS MANAGING PARTNER K B PADMADAS RESIDING AT 'THEERTHAM', KOOLIYATTU VALAPPIL HOUSE, PADUKKAD, VIYYUR P.O., THRISSUR, PIN - 680010` - `9 DASS REGENCY PVT. LTD 32/1284-1, SHAKTHAN THAMPURAN NAGAR, THRISSUR REPRESENTED BY ITS MANAGING DIRECTOR JAYADAS K B RESIDING AT KOOLIYATTU VALAPPIL, MULLURKARA, THRISSUR, PIN - 680587` - `10 THRISSUR TOWERS HOTEL PVT. LTD T B ROAD, THRISSUR REPRESENTED BY ITS MANAGING DIRECTOR P S SUNILKUMAR RESIDING AT PANIKKASSERY HOUSE, KOORKENCHERY P.O., THRISSUR, PIN - 680007` - `11 TRICHUR TOURIST COMPLEX PVT. LTD M.G. ROAD, THRISSUR REPRESENTED BY ITS MANAGING DIRECTOR P K SIVASANKARAN RESIDING AT PALLATHERI HOUSE, MATTATHURKUNNU P.O., THRISSUR, PIN - 680684` - `12 CENTRAL HOTEL AGENCIES MUSEUM ROAD, CHEMBUKKAVU P.O., THRISSUR REPRESENTED BY ITS MANAGING DIRECTOR JILSU T.S. RESIDING AT THASHNATH HOUSE, CHENTRAPPINNI, THRISSUR, PIN - 680687` - `13 MOTHIMAHAL RESIDENCY CHIRA ROAD, M.G. ROAD, THRISSUR REPRESENTED BY ITS MANAGING PARTNER SANJAY LAL T. M. RESIDING AT THOTTATHIL HOUSE, THOTTATHIL LANE, THRISSUR, PIN - 680005` - `14 ASOKA INN, T B ROAD SHAKTHAN THAMPURAN NAGAR, THRISSUR REPRESENTED BY ITS MANAGING PARTNER OMANA ASOKAN RESIDING AT 'SREELAKSHMI', BENNET ROAD, CHEMBUKKAVU, THRISSUR, PIN - 680020` - `15 PEEVES PLAZA PALAKKAL ANGADI, THRISSUR REPRESENTED BY ITS MANAGING PARTNER K B PADMADAS RESIDING AT 'THEERTHAM', KOOLIYATTU VALAPPIL HOUSE, PADUKKAD, VIYYUR P.O., THRISSUR, PIN - 680010` - `16 ARAMANA BAR AND RESTAURANT` ## **`WP(C) NOS. 14680, 14789 & 14871 OF 2023`** ``` -6- ``` ``` RAILWAY STATION ROAD, THRISSUR REPRESENTED BY ITS MANAGING PARTNER OMANA ASOKAN RESIDING AT 'SREELAKSHMI', BENNET ROAD, CHEMBUKKAVU, THRISSUR, PIN - 680020 ``` - `17 HOTEL ELITE INTERNATIONAL CHEMBOTTIL LANE, THRISSUR ROUND REPRESENTED BY ITS MANAGING PARTNER K C ANILKUMAR RESIDING AT KOLLARA HOUSE, CIVIL LANE ROAD, AYYANTHOLE, THRISSUR, PIN - 680003` - `18 J P HOTELS AND SHOPPING COMPLEX WEST FORT, THRISSUR REPRESENTED BY ITS MANAGING PARTNER K V SADANANDAN RESIDING AT K S VELAYUDHAN, 17/871, KOLLARA HOUSE, VELLAYICKAL LANE, THRISSUR, PIN - 680001` - `19 VOLGA RESTAURANT MANNADIAR LANE, THRISSUR REPRESENTED BY ITS MANAGING PARTNER SHAJU A. ANTONY RESIDING AT AYNICKKAL HOUSE, KUNDOOR P.O., MALA,, PIN - 680734` - `20 KALLADA HOTELS MANNUTHY, THRISSUR REPRESENTED BY ITS MANAGING PARTNER K R SUNILKUMAR RESIDING AT KALLADA HOUSE, AKP JUNCTION, IRINJALAKUDA, PIN - 680125 BY ADVS. THOMAS ABRAHAM MERCIAMMA MATHEW ASWIN.P.JOHN R.ANANTHAPADMANABAN PAUL BABY` ## **`RESPONDENT/S:`** - `1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, TAXES DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001` - `2 COMMISSIONER OF EXCISE OFFICE OF THE EXCISE COMMISSIONER, BAKERY JUNCTION ROAD, UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PALAYAM, THIRUVANANTHAPURAM, PIN - 695033` - `3 DEPUTY COMMISSIONER OF EXCISE OFFICE OF THE DEPUTY COMMISSIONER OF EXCISE, CIVIL` ## **`WP(C) NOS. 14680, 14789 & 14871 OF 2023`** ``` -7- ``` - `STATION, AYYANTHOLE, THRISSUR, PIN - 680003` - `4 DISTRICT COLLECTOR THRISSUR, CIVIL STATION, AYYANTHOLE, THRISSUR 680003, PIN - 680003` - `5 DISTRICT POLICE CHIEF (THRISSUR CITY) RAMAVARMAPURAM ROAD, PALLIMOOLA, MANNUMKAD, THRISSUR, PIN - 680631` ``` SRI.JIMMY GEORGE.GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.04.2023, ALON WITH W.P.(C) NOS.14789 & 14680 OF 2023. THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NOS. 14680, 14789 & 14871 OF 2023 ``` ``` -8- ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 28[TH] DAY OF APRIL 2023 / 8TH VAISAKHA, 1945`** ## **`WP(C) NO. 14680 OF 2023`** ## **`PETITIONER/S:`** ``` K.B.MUKESH, AGED 48 YEARS S/O. BALAKRISHNAN, KURUVANGATTIL HOUSE, PALAZHI MANALUR POST, THRISSUR DISTRICT,PIN, PIN - 680617 BY ADVS. DAISY A.PHILIPOSE JAI GEORGE ``` ## **`RESPONDENT/S:`** ``` 1THE DISTRICT COLLECTOR CIVIL STATION, AYYANTHOLE.P.O., THRISSUR, PIN - 680003 2THE DEPUTY EXCISE COMMISSIONER, OFFICE OF THE DEPUTY EXCISECOMMISSIONER, CIVIL STATION, AYYANTHOLE, ,THRISSUR, PIN - 680003 ``` ``` JIMMY GEORGE, G.-P. ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.04.2023, ALONG WITH W.P.(C) NOS.14789 &14871 OF 2023. THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ## **`WP(C) NOS. 14680, 14789 & 14871 OF 2023`** ``` -9- ``` ## **JUDGMENT** Since common issues arise for consideration in these writ petitions, they are disposed of by this common judgment. The exhibits referred to in this judgment are as obtaining in W.P.(C)No.14871/2023. 2. The petitioners in W.P.(C)No.14789/2023, which are star classified hotels in Thrissur District, have been granted FL-3/FL-11 licenses to vend liquor/beer and wine. They have approached this Court challenging Ext. P9 notice of hearing dated 26.04.2023 issued by the District Collector, Thrissur, calling upon objection from the licensees selling liquor and toddy within the limits of Thrissur Corporation against the proposal for the temporary prohibition of sale of liquor and toddy in connection ## **`WP(C) NOS. 14680, 14789 & 14871 OF 2023`** ``` -10- ``` with Thrissur Pooram. After the filing of the said writ petition, the District Collector passed Ext. P.10 order invoking the provisions of Section 54 of the Abkari Act directing closure of all liquor shops and prohibiting the sale of liquor and other intoxicating substances within the limits of Thrissur Corporation from 2 p.m on 29.04.2023 to 2 p.m on 01.05.2023. Accordingly, the said petitioners have filed W.P.(C)No.14871/2023 challenging Ext. P10 order and for consequential reliefs. 3. The petitioner in W.P.(C)No. 14680 of 2023, who is the licensee of toddy shops within the limits of Thrissur Corporation, is also challenging Ext. P10 order (Ext.P3 therein). 4. It is contended by Sri. Thomas Abraham, the learned Counsel for the petitioners in W.P. ``` WP(C) NOS. 14680, 14789 & 14871 OF 2023 ``` ``` -11- ``` (C)Nos.14871/2023 and 14789/2023 that Ext.P10 order has been issued contrary to Ext.P5 circular issued by the Government and the directions issued by this Court on earlier occasions. The learned Counsel also submits that, though Ext.P5 circular contemplates that an order under Section 54 of the Abkari Act shall be passed at least one week prior to the event in respect of which the same is issued, Ext. P10 order has been issued just two days before the event. Referring to Clause 3(b) of Ext.P5 circular, the learned Counsel contends that Section 54 can be invoked only when there is a law and order situation or there is a reasonable apprehension of breach of peace and public tranquility and only if circumstances so warrant. The learned Counsel contends that there is no situation warranting issuance of an order under ## **`WP(C) NOS. 14680, 14789 & 14871 OF 2023`** Section 54. Relying on Ext. P5 circular, he submits that an order under Section 54 shall not be passed mechanically and contends that Ext. P10 has been passed mechanically and without application of mind. The learned Counsel also refers to Ext.P7 judgment of a Division Bench of this Court and contends that an order under Section 54 can be issued only based on materials and on genuine concern. According to the learned Counsel, Ext.P10 has been issued in total breach of the directions in Ext.P5 circular, and the directions of this Court passed in similar situations. 5. Smt. Daisy A. Philipose, the learned Counsel for the petitioner in W.P.(C)No.14680/2023, handed over a copy of the order passed by the District Collector under Section 54 of the Abkari Act during the previous year and submits that Ext.P10 is only a ## **`WP(C) NOS. 14680, 14789 & 14871 OF 2023`** verbatim reproduction of the order under Section 54 issued in 2022 and there is no application of mind on the part of the District Collector in issuing Ext. P10 and the same has been issued mechanically. It is also pointed out that the aforesaid order issued last year was stayed by this Court by Ext.P2 order. Accordingly, the learned Counsel(s) for the petitioners submits that Ext.P10 order passed under Section 54 of the Abkari Act has to be interfered with by this Court. 6. Sri. Jimmy George, the learned Government Pleader, submits that Ext.P10 order has been passed with notice to the petitioners and after hearing them. It is also submitted that Ext.P10 has been passed based on inputs received from the Excise and Police Departments. The District Collector has also taken ## **`WP(C) NOS. 14680, 14789 & 14871 OF 2023`** ``` -14- ``` note of the incidents reported during the conduct of the festival on earlier occasions. The learned Government Pleader refers to the decision of a Division Bench of this Court in **Hotel Hillway Park v. State of Kerala [2023 (2) KHC 304]** and submits that this Court, in identical situations, has considered the scope of issuance of an order under Section 54 of the Abkari Act. He refers to paragraph Nos. 8, 9 and 13 of the decision, which read as under: “8. We also notice from S.54 that the notice does not necessarily speak of an opportunity for hearing. The notice in writing is only insofar as notice to the licensee to close down a shop, in which intoxicating liquor or drug is sold, for the purpose of preservation of public peace, which notice is only to enable the licensee to arrange his affairs accordingly. In fact, the licensee of a ## **`WP(C) NOS. 14680, 14789 & 14871 OF 2023`** ``` -15- ``` liquor shop has absolutely no say in the preservation of public peace and a hearing conducted would be futile since they cannot instruct the District Administration as to how the law-andorder situation within their jurisdictional limits is to be maintained peacefully. We cannot also countenance the argument of the appellants that the second limb would be sufficient to allay any outbreak of violence since prevention is always better than cure. 9. We also looked at the circular alleged to have been not complied with, in letter and spirit; which in any event is in the nature of a guideline, the strict compliance of which should get subsumed in the objective of the statutory provision being satisfied and the discretion of the authorities who are responsible to maintain law and order. The notice, as spoken of in the guidelines is only to ensure that legal remedies are ## **`WP(C) NOS. 14680, 14789 & 14871 OF 2023`** ``` -16- ``` not stifled by issuance of orders at the last moment. Despite the seven days prescribed it cannot be taken as a mandate since emergent situations may have to be dealt with. We also notice the learned Senior Government Pleader’s submission that such notice may result in illegal stocking and even illicit brewing. Here admittedly all the orders were issued on 16/02/2023 & 17/02/2023 and served respectively on 17/02/2023 and 20/02/2023. All the orders were challenged by Writ Petitions before the date on which such prohibition is contemplated. ## xxxx 13. We quite understand that the licensees have made substantial investments to carry on liquor vending, both foreign liquor and toddy. The disruption of sales for one or two days especially with the object of maintaining ## **`WP(C) NOS. 14680, 14789 & 14871 OF 2023`** ``` -17- ``` peace, for public good and preservation of public order, relegates commercial considerations to the back seat. We also notice a judgment by one of us, (KVC, J) sitting single and extract paragraph 5 from E.S.Manoj v. District Collector (WP(C)No.12886/2015 and con. Case) (2015 KHC 7117:MANU/KE/0490/2015:2015 KER 17488). “5. More than the statistics of registered crimes, in such a huge gathering of devotees and non-devotees; all of whom come to watch the visual and rhythmic delight offered, respectively by the fire-works and the percussionists; particularly that associated with the Pooram, it is common knowledge that many untoward incidents happen, which are not reported. The victims are often reduced to mutely suffering such menacing overtures, often motivated and accentuated by the intoxicating effect of liquor. The psychedelic effect of the ## **`WP(C) NOS. 14680, 14789 & 14871 OF 2023`** ``` -18- ``` colours and the adrenalin rush of the “mela” are sufficient intoxication for the crowd and they could do without the inebriation provided by the traditional “watering – holes”, called “BAR”s.” 7. The Division Bench has taken note of Ext. P5 circular and observed that the same is in the nature of a guideline and strict compliance of the same should get subsumed in the objective of the statutory provision being satisfied and the discretion of the authorities who are responsible to maintain law and order. Ext.P5 circular is only directory. It is true that Ext.P10 refers to certain incidents which happened some years back at the time of the festival. Those are relevant aspects for the District Collector to invoke the provisions of Section 54 of the Abkari Act. Merely because there were no antecedents of any breach of peace or violence during the previous year, the ## **`WP(C) NOS. 14680, 14789 & 14871 OF 2023`** incidents that happened earlier shall not be brushed aside. The District Collector has taken into consideration the reports/inputs supplied by the Excise Department as well as Police authorities while passing Ext.P10. Though the Act does not contemplate, the licensees were also heard by the District Collector while passing Ext.P10. Section 54 of the Abkari Act empowers the District Collector to close shops selling liquor for the preservation of public peace. The District Collector has referred to certain incidents of previous years, reports of Excise and Police and apprehending breach of peace, issued Ext.P10 order prohibiting sale of liquor and toddy. I am convinced that Ext.P10 order is passed not in mechanical nature and that the District Collector has taken into consideration relevant materials while ``` WP(C) NOS. 14680, 14789 & 14871 OF 2023 ``` passing the order under Section 54 of the Abkari Act. It is also to be noted that the prohibition is only for a period of two days (48 hours). Ext.P10 order has been passed by the District Collector to ensure law and order and a tranquil atmosphere during the festival. I do not find any reason to interfere with Ext.P10 order. Accordingly, the writ petitions are dismissed. ``` Sd/- ``` **MURALI PURUSHOTHAMAN JUDGE** uu 29.04.2023 ## **`WP(C) NOS. 14680, 14789 & 14871 OF 2023`** ``` -21- ``` ## **`APPENDIX OF WP(C) 14789/2023`** ``` PETITIONER EXHIBITS EXHIBIT P1THE TRUE COPY OF THE FL-3 LICENSE RENEWAL CERTIFICATE ISSUED TO THE 1ST PETITIONER FOR THE CURRENT YEAR DATED 30.03.2023 ``` ``` EXHIBIT P2THE TRUE COPY OF THE INTERIM ORDER DATED 10/5/2022 IN W.P.(C)NO.15645 OF 2022 EXHIBIT P3THE TRUE COPY OF THE JUDGMENT DATED 16.2.2005 IN W.P.(C) 5187/2005 EXHIBIT P4THE TRUE COPY OF THE JUDGMENT DATED 5/3/2009 IN W.P.(C)NO.5748 OF 2009 EXHIBIT P5THE TRUE COPY OF THE CIRCULAR NO.7497/A2/09/TD DATED 29.4.2009 ISSUED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA ALONG WITH A TYPED LEGIBLE COPY EXHIBIT P6THE TRUE COPY OF THE JUDGMENT DATED 12.2.2018 OF THIS HON'BLE COURT IN W.A. NO. 391 OF 2018 EXHIBIT P7THE TRUE COPY OF THE JUDGMENT DATED 30/3/2023 IN W.A. NO.698 OF 2023 EXHIBIT P8THE TRUE COPY OF THE REPRESENTATION DATED 25/4/2023 SUBMITTED BY THE PETITIONERS EXHIBIT P9THE TRUE COPY OF THE HEARING NOTICE DATED 26/4/2023 ISSUED BY THE 4TH RESPONDENT ``` ## **`WP(C) NOS. 14680, 14789 & 14871 OF 2023`** ``` -22- ``` ## **`APPENDIX OF WP(C) 14871/2023`** ``` PETITIONER EXHIBITS Exhibit P1THE TRUE COPY OF THE FL-3 LICENSE RENEWAL CERTIFICATE ISSUED TO THE 1ST PETITIONER FOR THE CURRENT YEAR Exhibit P2THE TRUE COPY OF THE INTERIM ORDER DATED 10/5/2022 IN W.P.(C)NO.15645 OF 2022 Exhibit P3THE TRUE COPY OF THE SAID JUDGMENT DATED 16.2.2005 IN W.P.(C) 5187/2005 Exhibit P4THE TRUE COPY OF THE JUDGMENT DATED 5/3/2009 IN W.P.(C)NO.5748 OF 2009 Exhibit P5THE TRUE COPY OF THE CIRCULAR NO.7497/A2/09/TD DATED 29.4.2009 ISSUED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA ALONG WITH A TYPED LEGIBLE COPY Exhibit P6THE TRUE COPY OF THE JUDGMENT DATED 12.2.2018 OF THIS HON'BLE COURT IN W.A. NO. 391 OF 2018 Exhibit P7THE TRUE COPY OF THE JUDGMENT DATED 30/3/2023 IN W.A. NO.698 OF 2023 Exhibit P8THE TRUE COPY OF THE REPRESENTATION DATED 25/4/2023 SUBMITTED BY THE PETITIONERS Exhibit P9THE TRUE COPY OF THE HEARING NOTICE DATED 26/4/2023 ISSUED BY THE 4TH RESPONDENT Exhibit P10THE TRUE COPY OF THE ORDER DATED 27/4/2023 ISSUED BY THE 4TH RESPONDENT INVOKING SECTION 54 OF THE ABKARI ACT ``` ``` WP(C) NOS. 14680, 14789 & 14871 OF 2023 ``` ``` -23- ``` ## **`APPENDIX OF WP(C) 14680/2023`** ``` PETITIONER EXHIBITS Exhibit P1TRUE COPY OF THE INTERIM STAY ORDER DATED 10/5/2022 IN W.P[C].NO.15307 OF 2022 OF THIS HON'BLE COURT Exhibit P2A COPY OF THE NOTICE DATED 28.04.2023 ISSUED BY THE 1ST RESPONDENT. Exhibit P3A TRUE COPY OF ORDER NO.DCTSR/4141/2022- H4 ISSUED BY THE 1ST RESPONDENT DATED 27.04.2023. ```