W.P.(C). No. 14671 of 2017 and connected cases

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: N. Nagareesh
Judgment Date: 2019-02-04
Court Decision / Holding: Writ petitions dismissed as infructuous; petitioners may pursue surviving grievances before appropriate authorities.
Final Disposition: Dismissed as infructuous

Parties to the Case

Appellants / Petitioners

Hotel Arcadia Regency near Iron Bridge, Alappuzha
M/s Hotel Highway Castle Pvt. Ltd., Nullippady, Kasaragod District
MADHAVARAJA CLUB, English Church Road, Palakkad
R. Krishna Das, President (Licensee) of MadhavaraJa Club
M.D. Thilothaman
Nithin R. S/o V. M. RadhaKrishnan, Proprietor, Hotel Soorya Contential, Olavakkode, Palakkad
M/s The South Park, M.G. Road, Thiruvananthapuram
Hotel Antony's Tower, Pathanapuram

Respondents

State of Kerala represented by Secretary to Government, Taxes Department, Government Secretariat, Thiruvananthapuram-695001
The Excise Commissioner, Commissionerate of Excise, Thiruvananthapuram-695033
The Deputy Commissioner of Excise, Palakkad District-678001
The Circle Inspector of Excise, Thiruvananthapuram-695001
The Executive Engineer Public Works Department (Roads & Bridges), Kollam-691001

Legal Representation & Advocates

Counsels for Petitioners

• G. Sudheer
• M.G. Karthikeyan
• K. Anand
• C.C. Thomas (Sr.)
• Nireesh Mathew

Counsels for Respondents

• Smt. Rahana N.S

Case Synopsis & Summary

These connected writ petitions, filed by foreign liquor vending licence holders, challenge refusals or delays in renewal of their licences after the Supreme Court ruled in State of Tamil Nadu and others v. K. Balu and another that foreign liquor vending is prohibited within 500 metres of National Highways. On admission, this Court issued interim directions requiring the Respondents to consider renewal applications, provided there were no legal impediments, and to comply with the law as laid down by the apex Court. The Government Pleader stated that renewals were processed and granted wherever no impediments exist, including for the 2017-2018 Abkari year. The court observed that, in view of these developments, the petitions had become infructuous. It directed that if the petitioners still had grievances, they could pursue remedies before the appropriate authorities. The judgment thus ends with a dismissal as infructuous, while preserving a route for relief if any surviving grievance remains. The case centers on applying the Tamil Nadu v. K. Balu decision to licensing renewals and reflects the tension between regulatory restraints near highways and administrative renewal practice under Abkari law.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners challenge delays and denials of renewal of foreign liquor vending licences in light of the Supreme Court's Tamil Nadu v. K. Balu decision, urging renewal wherever there is no legal impediment, including for the 2017-2018 Abkari year. They rely on interim orders and seek continued operation subject to compliance with applicable restrictions near highways.

Contentions of Respondents

The respondents contend that renewal is subject to regulatory restrictions and the 500-metre prohibition arising from the apex court decision; they argue that renewals were considered and granted where permissible, and that the petitions may be infructuous once renewals were effected pending the case.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
State of Tamil Nadu and others v. K.Balu and another	2017 (1) KHC 26 (SC)	Positive	Cited as the apex court's ruling prohibiting vending of foreign liquor within 500 metres of National Highways; Kerala High Court cites this proposition while directing renewal considerations.

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** ## **MONDAY ,THE 04TH DAY OF FEBRUARY 2019 / 15TH MAGHA, 1940** ## **WP(C).No.14671 of 2017** ## **PETITIONER:** **HOTEL ARCADIA REGENCY NEAR IRON BRIDGE,ALAPPUZHA, REPRESENTED BY ITS MANAGING PARTNER, LIJOMON JOSEPH. BY ADV. SRI.G.SUDHEER (THURAVOOR)** ## **RESPONDENTS:** **1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE EXCISE COMMISSIONER EXCISE HEAD QUARTERS,VIKAS BHAVAN,NANDAVANAM, THIRUVANANTHAPURAM,KERALA-695001. 3 THE DEPUTY COMMISSIONER OF EXCISE ALAPPUZHA-688001.** **GOVT.PLEADER.SMT.RAHANA.N.S** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.02.2019, ALONG WITH WP(C).14627/2017, WP(C).14646/2017, WP(C).14739/2017, WP(C).14814/2017, WP(C).14908/2017, WP(C).18896/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C)No.14671 of 2017 and connected cases 2 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **MONDAY ,THE 04TH DAY OF FEBRUARY 2019 / 15TH MAGHA, 1940** **WP(C).No. 14627 of 2017** **PETITIONER:** **M/S.HOTEL HIGHWAY CASTLE PVT. LTD NULLIPPADY, KASARAGOD DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR, PETER JOHN URALIL, AGED 56 YEARS,S/O.JOHN. BY ADV. SRI.M.G.KARTHIKEYAN** ## **RESPONDENTS:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY SECRETARY,TAXES (A) DEPARTMENT,**| ||**GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM.695 001.**| |**2**|**THE EXCISE COMMISSIONER**| ||**COMMISSIONERATE OF EXCISE,**| ||**THIRUVANANTHAPURAM.695 033.**| |**3**|**THE DEPUTY COMMISSIONER OF EXCISE**| ||**KASARAGOD DISTRICT.-671121**| ||**GOVT.PLEADER.SMT.RAHANA.N.S**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.02.2019, ALONG WITH WP(C).14739/2017, WP(C).14646/2017, WP(C).18896/2017, WP(C).14814/2017, WP(C).14908/2017, WP(C).14671/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C)No.14671 of 2017 and connected cases 3 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **MONDAY ,THE 04TH DAY OF FEBRUARY 2019 / 15TH MAGHA, 1940** **WP(C).No. 14646 of 2017** ## **PETITIONERS:** |**1**||**MADHAVARAJA CLUB**| |---|---|---| |||**ENGLISH CHURCH ROAD, PALAKKAD-678 014,**| |||**REP. BY ITS SECRETARY, GIRI NAIR.**| |**2**||**THE PRESIDENT (LICENSEE OF THE CLUB)**| |||**R KRISHNA DAS, MADHAVARAJA CLUB,**| |||**ENGLISH CHURCH ROAD,PALAKKAD-678 014.**| |||**BY ADV. SRI.K.ANAND**| |**RESPONDENTS**<br>**:**||| |**1**||**THE STATE OF KERALA**| |||**REPRESENTED BY THE SECRETARY TO GOVERNMENT,**| |||**TAXES DEPARTMENT,**| |||**GOVERNMENT SECRETARIAT,**| |||**THIRUVANANTHAPURAM-695 001.**| |**2**||**THE EXCISE COMMISSIONER**| |||**THIRUVANANTHAPURAM, KERALA-695 001.**| |**3**||**DEPUTY COMMISSIONER OF EXCISE**| |||**PALAKKAD-678 001.**| |||**GOVT.PLEADER.SMT.RAHANA.N.S**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.02.2019, ALONG WITH WP(C).14739/2017, WP(C).14627/2017, WP(C).18896/2017, WP(C).14814/2017, WP(C).14908/2017, WP(C).14671/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C)No.14671 of 2017 and connected cases 4 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **MONDAY ,THE 04TH DAY OF FEBRUARY 2019 / 15TH MAGHA, 1940** **WP(C).No. 14739 of 2017** ## **PETITIONER:** **M.D.THILOTHAMAN AGED 52 YEARS, S/O.DAMODHARAN, MAPPILISSERI VELI, KANICHUKULANGARA PO, MARARIKULAM VADAKKU VILLAGE, CHERTHALA TRALUK,ALAPPUZHA DISTRICT** **BY ADV. SRI.M.G.KARTHIKEYAN** ## **RESPONDENTS:** **1 STATE OF KERALA REPRESENTED BY SECRETARY, TAXES (A) DEPARTMENT, GOVT. SECRETARIAT,THIRUVANANTHAPURAM 695001 2 THE EXCISE COMMISSIONER COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM 695033 3 THE DEPUTY COMMISSIONER OF EXCISE MALAPPURAM 676505 GOVT.PLEADER.SMT.RAHANA.N.S** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.02.2019, ALONG WITH WP(C).14646/2017, WP(C).14627/2017, WP(C).18896/2017, WP(C).14814/2017, WP(C).14908/2017, WP(C).14671/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C)No.14671 of 2017 and connected cases 5 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **MONDAY ,THE 04TH DAY OF FEBRUARY 2019 / 15TH MAGHA, 1940** **WP(C).No. 14814 of 2017** **PETITIONER:** **NITHIN R. S/O. V M RADHAKRISHNAN,PROPRIETOR, HOTEL SOORYA CONTENTAL , OLAVAKKODE,PALAKKAD** **BY ADV. SRI.K.ANAND** **RESPONDENT:** **DEPUTY EXCISE COMMISSIONER PALAKKAD 678 001** **GOVT.PLEADER.SMT.RAHANA.N.S** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.02.2019, ALONG WITH WP(C).14739/2017, WP(C).14646/2017, WP(C).14627/2017, WP(C).18896/2017, WP(C).14908/2017, WP(C).14671/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C)No.14671 of 2017 and connected cases 6 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **MONDAY ,THE 04TH DAY OF FEBRUARY 2019 / 15TH MAGHA, 1940** **WP(C).No.14908 of 2017** ## **PETITIONER:** **M/S.THE SOUTH PARK M.G. ROAD, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR, G. MOHANDAS, AGED 67 YEARS, S/O. GANGADHARA PANICKER.** **BY ADVS. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW** ## **RESPONDENTS:** **1 STATE OF KERALA REPRESENTED BY SECRETARY, TAXES (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE EXCISE COMMISSIONER COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM-695033. 3 THE DEPUTY COMMISSIONER OF EXCISE THIRUVANANTHAPURAM-695001. 4 THE CIRCLE INSPECTOR OF EXCISE THIRUVANANTHAPURAM-695001. GOVT.PLEADER.SMT.RAHANA.N.S** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.02.2019, ALONG WITH WP(C).14739/2017, WP(C).14646/2017, WP(C).14627/2017, WP(C).18896/2017, WP(C).14814/2017, WP(C).14671/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C)No.14671 of 2017 and connected cases 7 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **MONDAY ,THE 04TH DAY OF FEBRUARY 2019 / 15TH MAGHA, 1940** **WP(C).No. 18896 of 2017** ## **PETITIONER:** **HOTEL ANTONY'S TOWER PATHANAPURAM, KOLLAM DISTRICT, REPRESENTED BY ITS NANAGING PARTNER, ARCH ANTONY, AGED 42 YEARS, S/O ANTONY ABRAHAM.** **BY ADVS. SRI.C.C.THOMAS (SR.) SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW** ## **RESPONDENTS:** **1 STATE OF KERALA REPRESENTED BY SECRETARY, TAXES (A) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695001** - **2 THE EXCISE COMMISSIONER COMMISSIONERATE OF EXCISE, THIRUVANNTHAPURAM-695033.** - **3 THE DEPUTY COMMISSIONER OF EXCISE KOLLAM -691001** - **4 THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT (ROADS & BRIDGES), KOLLAM-691001 GOVT.PLEADER.SMT.RAHANA.N.S** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.02.2019, ALONG WITH WP(C).14739/2017, WP(C).14646/2017, WP(C).14627/2017, WP(C).14814/2017, WP(C).14908/2017, WP(C).14671/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C)No.14671 of 2017 and connected cases 8 ## **JUDGMENT** **[ WP(C) 14671/2017 ,WP(C).14627/2017, WP(C).14646/2017 ,WP(C).14739/2017, WP(C).14814/2017 ,WP(C).14908/2017 & WP(C).18896/2017 ]** The writ petitioners, who are foreign liquor vending licence holders, have filed these writ petitions when the Apex Court delivered judgment in _**State of Tamil Nadu and others v. K.Balu and another** [2017 (1) KHC 26 (SC)],_ prohibiting vending of foreign liquor within 500 metres of National Highways. 2. When these writ petitions came up for admission, this Court passed interim orders directing the respondents to consider renewal applications in respect of their licences, if there are no legal impediments standing in the way, especially the proposition of law laid down by the Apex Court in _**State of Tamil Nadu**_ ( _supra)_ . 3. Learned Government Pleader submits that the renewal applications were considered consequent to the interim orders passed in these cases and wherever the authorities W.P.(C)No.14671 of 2017 and connected cases 9 found no legal impediments, renewal was granted. Further, these licences were in respect of the Abkari Year 2017-2018. In the circumstances, these writ petitions have become infructuous. Accordingly, these writ petitions are dismissed as infructuous. If the petitioners have any surviving grievance, they may take it up before the appropriate authorities. **Sd/-** **N.NAGARESH** **JUDGE** dlk/04.02.19