High Court of KeralaSingle Judge2024-03-01Writ petition disposed of; Ext.P1 upheld; no in...

Sai Rajesh & C. Reeja v State of Kerala & Others

Case / Petition Number:W.P.(C) No.8372/2024

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: N. Nagareesh, J.
Judgment Date: 2024-03-01
Court Decision / Holding: Writ petition dismissed. Ext.P1 remains in force; the District Magistrate’s measures were not interfered with, as there were sufficient reasons to declare a dry day during the festival period.
Final Disposition: Writ petition disposed of; Ext.P1 upheld; no interference with the District Magistrate’s order.

Parties to the Case

Appellants / Petitioners

Sai Rajesh
C. Reeja

Respondents

State of Kerala
The Excise Commissioner
The Deputy Commissioner of Excise
The District Collector & District Magistrate, Palakkad
The District Police Chief
The Circle Inspector of Police, Palakkad Rural Circle
The Inspector of Police, Pattambi Police Station
Chief Secretary, Government of Kerala

Legal Representation & Advocates

Counsels for Petitioners

• Adv Nireesh Mathew

Counsels for Respondents

• Sri. Sreejith V.S., Government Pleader

Case Synopsis & Summary

The Kerala High Court, in a writ petition (C) filed by two hotel operators under FL-3 licenses, challenges Ext.P1, an order issued by the District Magistrate and District Collector under Section 54 of the Kerala Abkari Act, directing closure of all liquor shops and bars during Pattambi Nercha Festival on 02-03-2024 and 03-03-2024 from 6 am to 10 pm within Pattambi Municipality and the Karimbankavu outlet of the Kerala Beverages Corporation. The petitioners operate Three Star hotels near the festival area, where the Nercha festivities involve elephants and a large-scope celebration with multiple sub-committees, raising concerns about public order and safety. The District Magistrate’s decision is premised on maintaining law and order due to potential unrest and past incidents, citing nearby bars as hotspots for social miscreants. The petitioners argue Ext.P1 lacks evidentiary basis, was not requested by police, and violates directions from Hotel Vijaya Palace v. State of Kerala (2016 (1) KLT 284). The Government Pleader defends the measure as a legitimate exercise of Section 54 power in larger public interest. After considering submissions and materials, the Court concludes the District Magistrate reasonably assessed the need for a dry day, notes the festival’s scale, and declines to interfere. The writ petition is dismissed, leaving Ext.P1 intact and in force for the festival period.

Provisions of Law Cited

Section 54 of the Kerala Abkari ActRule 13(3) of the Foreign Liquor Rules

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contended that Ext.P1 was not issued on police recommendation and lacks material basis; it was allegedly issued in violation of the directions in Hotel Vijaya Palace v. State of Kerala (2016 (1) KLT 284). They argued there was no police request for such a drastic restriction and the measure would cause unwarranted economic harm to FL-3 licensees, especially given the proximity to a religious festival. They prayed for quashing Ext.P1 and for protection of their business interests during the Nercha festival.

Contentions of Respondents

The respondents argued that Section 54 of the Abkari Act authorised the District Magistrate to declare dry days in larger public interest. Ext.P1 was based on information from the Inspector of Police and the District Police Chief, who highlighted risks associated with Pattambi Nercha, including elephant processions, multiple sub-committees, and past disturbances. The petitioners’ establishments fall within a 2 km radius of the festival area. The authorities asserted the order was a proportionate public order measure and warranted, given the festival’s scale and potential for law-and-order problems.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Hotel Vijaya Palace v. State of Kerala and others	2016 (1) KLT 284	Mentioned Only	The judgment is cited by the petitioners as a precedent regarding directions to be followed, but the present court does not rely on its holdings to quash Ext.P1; instead, it concludes Ext.P1 had sufficient reasons under Section 54.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE N.NAGARESH** **FRIDAY, THE 1[ST] DAY OF MARCH 2024 / 11TH PHALGUNA, 1945 WP(C) NO. 8372 OF 2024** ## **PETITIONERS:** **1 SAI RAJESH AGED 50 YEARS S/O.C.RAJAN (LATE), PROPRIETOR, HOTEL RAJADHANI, R.S.ROAD, PATTAMBI, PALAKKAD DISTRICT, RESIDING CHITTANIPARA HOUSE, MELE PATTAMBI P.O, PALAKKAD., PIN - 679303 2 C.REEJA AGED 53 YEARS W/O.A.D.SANJEEV, PROPRIETRESS, HOTEL RAJA PRASTHAM, PALAKKAD ROAD, MELE PATTAMBI, PALAKKAD DISTRICT., PIN – 679306** ## **BY ADV NIREESH MATHEW** ## **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,**| ||**EXCISE TOWER, DURGA NAGAR,**| ||**KONOTHUPARAMBU,**| ||**PALAKKAD., PIN - 678001**| W.P.(C) No.8372/2024 : 2 : - **4 THE DISTRICT COLLECTOR & DISTRICT MAGISTRATE KENATHUPARAMBU, KUNNATHURMEDU, PALAKKAD., PIN - 678013** - **5 THE DISTRICT POLICE CHIEF YAKKARA ROAD, NEAR KSRTC BUS STAND PALAKKAD., PIN - 678014** - **6 THE CIRCLE INSPECTOR OF POLICE PALAKKAD RURAL CIRCLE, ATHIRA NAGAR, PALAKKAD., PIN - 678009** - **7 THE INSPECTOR OF POLICE PATTAMBI POLICE STATION, PATTAMBI, PALAKKAD., PIN - 679303** - **8 THE CHIEF SECRETARY GOVT. OF KERALA, GOVT. SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001** ## **SRI. SREEJITH V.S., GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.8372/2024 : 3 : ## **N. NAGARESH, J.** ````````````````````````````````````````````````````````````` ## W.P.(C) No.8372 of 2024 ````````````````````````````````````````````````````````````` _Dated this the 1[st] day of March, 2024_ ## **J U D G M E N T** ~ ~ ~ ~ ~ ~ ~ ~ ~ The petitioners, who are conducting Three Star classified Hotels under FL-3 licences, are aggrieved by Ext.P1 order of the District Magistrate and District Collector, Palakkad. By Ext.P1 order, the District Magistrate directed all licensees to close the liquor shops and bars including toddy shops and to keep their shops / sale outlets and such other premises closed on 02.03.2024 and 03.03.2024 from 6 am to 10 pm within the limits of Pattambi Municipal area and Karimbankadavu outlet of the Kerala Beverages Corporation. 2. The petitioners are conducting Three Star classified Hotels along with FL-3 bar licences issued under Rule 13(3) of the Foreign Liquor Rules. Their hotels are W.P.(C) No.8372/2024 : 4 : situated near a religious place where “Pattambi Nercha Festival” is held every year. In the current year, the festival is to take place on 02.03.2024 and 03.03.2024. 3. The District Magistrate noted that the festival is conducted with around 100 elephants. There are two major Bars in the area, which are hotbed of social miscreants and other criminals. Conflict between various groups in the area creates hardship for women and children. In the previous year, due to the non-declaration of dry day, police had a lot of difficulty in maintaining law and order. The District Magistrate was of the view that the closure of liquor shop is necessary to maintain law and order. The District Magistrate, in exercise of the powers conferred under Section 54 of the Kerala Abkari Act, issued Ext.P1 order directing that all the licensees who deal with all categories of liquors should keep their shops / sale outlets and such other premises closed on 02.03.2024 and 03.03.2024 from 6 am to 10 pm within the limits of Pattambi Municipality and the Karimbankavu outlet of the Kerala Beverages Corporation. W.P.(C) No.8372/2024 : 5 : The petitioners are aggrieved by Ext.P1. 4. The counsel for the petitioners urged that there was no request of the police to pass an order in the nature of Ext.P1. Ext.P1 does not disclose the materials based on which the 4[th] respondent has come to an objective satisfaction as to the necessity to declare dry day. Ext.P1 order has been passed in total violation of the directions given by this Court in the judgment in _**Hotel Vijaya Palace v. State of Kerala and others** [2016 (1) KLT 284]_ . In the facts of the case, Ext.P1 is liable to be quashed. 5. I have heard the learned counsel for the petitioners and the learned Government Pleader representing respondents 1 to 8. 6. It cannot be disputed that under Section 54 of the Abkari Act, the District Magistrate has power to order dry day in larger public interest. Ext.P1 order would indicate that the District Magistrate has passed the order after gathering necessary information from the Inspector of Police and the District Police Chief. The District Police Chief advised that in W.P.(C) No.8372/2024 : 6 : order to avert any untoward incident due to consumption of alcohol and to maintain the law and order and a peaceful atmosphere during Pattambi Nercha Festival during 2024, it is necessary to declare dry day on 02.03.2024 and 03.03.2024 in Pattambi Municipality. 7. The Inspector of Police reported that the festival is going to be a full-scale celebration including procession of around 100 elephants. As many as 60 sub-committees are formed for the purpose of the festival. Anti-social elements around Bar Hotels often create conflicts between various groups. In the year 2022, due to the non-declaration of dry day, the police had a lot of difficulties in maintaining law and order. In six cases, custodial detention had to be made. A number of criminal cases were registered in connection with Pattambi Nercha in the year 2022. 8. It is in the afore circumstances that the District Magistrate came to the conclusion that dry day has to be declared on the relevant dates. After perusing Ext.P1 order, I find that the District Magistrate had sufficient reasons to W.P.(C) No.8372/2024 : 7 : declare dry day in the areas nearby the festival area. It is an admitted position that the Bar Hotels of the petitioners fall within a radius of 2 Km. from the festival area. In the circumstances, I am not inclined to interfere with Ext.P1 order at the instance of the petitioners. The writ petition is therefore dismissed. Sd/- **N. NAGARESH, JUDGE** aks/01.03.2024 W.P.(C) No.8372/2024 : 8 : ## **APPENDIX OF WP(C) 8372/2024** ## **PETITIONER'S EXHIBITS** **Exhibit P1 TRUE PHOTOCOPY OF THE ORDER NO.DCPKD/2523/2019-D4 DATED 23.02.2024 PASSED BY THE 4TH RESPONDENT. Exhibit P2 TRUE PHOTOCOPY OF THE CIRCULAR NO.7497/A2/09/TD DATED 29.04.2009 PASSED BY THE 1ST RESPONDENT. Exhibit P3 TRUE PHOTOCOPY OF THE INTERIM ORDER DATED 23.02.2024 IN WP(C) NO.7346/2024.**