High Court of KeralaSingle JudgeDisposed with directions to enforce EC dry-day ...

WP(C) Nos. 17275 & 17285 of 2022

Case / Petition Number:WP(C) Nos. 17275 & 17285 of 2022
Neutral Citation::null

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Devan Ramachandran
Judgment Date
2022-05-27
Court Decision / Holding
Writ petitions disposed with directions to enforce EC directives: all liquor outlets within Thrikkakara constituency to close from 6:00 PM on 29 May 2022 to 6:00 PM on 31 May 2022; all liquor outlets in the Ernakulam constituency to remain shut for 24 hours on 3 June 2022; notices to be issued to petitioners and others within 24 hours of the judgment; excise authorities to enforce the directions without waiting for a certified copy; the court also authorizes informing authorities to ensure compliance.
Final Disposition
Disposed with directions to enforce EC dry-day directives; Thrikkakara outlets to close 29-31 May 2022; Ernakulam outlets to close on 3 June 2022 for 24 hours; notices to be issued and compliance ensured.

Parties to the Case

Appellants / Petitioners

  • PGS Vedanta
  • Elite Tourist Home
  • Polakulath Regency
  • Aiswarya Tourist Home
  • Mercy Luxury Business Hotel
  • Ajanta Regency
  • The Landmark
  • Oberoi Restaurant
  • Grand Hotel
  • John Kallatt
  • M/S Hotel Edassery Mansion
  • K.T. Mathew
  • Jose Pradeep
  • Tomy Joseph
  • Aquaria The Boutique Resort
  • Gino Joseph
  • Sheejamol
  • Tom Jose
  • Hotel Siena Central Pvt. Ltd.
  • Luciya Tourist Home
  • The International Hotel
  • M Star Hotels Pvt. Ltd (Cochin Heritage Hotel)
  • M/S Lovedons Grand
  • VKL Leisure Inn
  • M.R. Hans
  • C.K. Shaji
  • E.J. Davis
  • P.N. Satheesan
  • Moni Senan
  • Sunil Gopinath
  • Renny Peter Damian
  • Dr. E.J. Mani
  • Joyes George

Respondents

  • State of Kerala represented by its Secretary, Taxes Department, Government of Kerala (Thiruvananthapuram)
  • Commissioner of Excise, Office of the Excise Commissioner, Thiruvananthapuram
  • District Collector, Ernakulam
  • Circle Inspector of Excise, Ernakulam
  • Chief Electoral Officer, Thiruvananthapuram (Addl R5 Suo Motu impleaded)

Legal Representation & Advocates

Counsels for Petitioners

  • • Thomas Abraham
  • • Merciamma Mathew
  • • Aswin P. John
  • • R. Ananthapadmanaban Thayyibsha
  • • P. S. Paul Baby

Counsels for Respondents

  • • M.G. Karthikeyan
  • • Nireesh Mathew
  • • Niju Mathew
  • • Vivek Venugopal Babu
  • • Jose Sebin Sebastian
  • • Gajendra Singh Rajpurohit
  • • Devam N.R

Case Synopsis & Summary

These consolidated writ petitions challenge notices from the Excise Department issued to liquor-outlet entities in the run-up to the Thrikkakara by-election (31 May 2022 polling; 3 June 2022 counting). The petitioners are hotels, beer and wine parlours, and tourist homes — located both inside and outside the Thrikkakara constituency — who contend that the Election Commission’s directive to declare a 48-hour “dry day” before polling, and a counting-day dry day, should not automatically apply to them if they operate beyond the constituency’s territorial limits. They acknowledge that the counting-day restriction would apply to them, but dispute applicability of the 48-hour dry day to outlets outside Thrikkakara. The respondents, including the State Taxes Department, the Excise Commissioner, the Deputy Commissioner of Excise, the Circle Inspector of Excise, and the Chief Electoral Officer, submit that the directives are designed to ensure free and fair elections and that the counting venue (Maharajas College Auditorium in Ernakulam) necessitates a broader application of the dry-day regime. The High Court recognizes the laudable aims of the directives but focuses on territorial scope, noting EC clarification that counting-day restrictions extend to the counting area as well. The court disposes of the petitions with directions to enforce EC directives: Thrikkakara outlets must close from 6:00 PM on 29 May 2022 to 6:00 PM on 31 May 2022, and all liquor outlets in Ernakulam must remain closed on 3 June 2022 for 24 hours; notices to be issued accordingly and enforcement to be ensured without waiting for a certified copy of the judgment. The decision cites the principle from Raju P.P. and others for extending dry-day restrictions to adjacent wards/areas when the polling area crosses ward boundaries.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argue that they are located outside the Thrikkakara constituency and hence the Election Commission’s 48-hour dry-day directive should not apply to them. They concede counting-day restrictions apply, but challenge the applicability of the pre-poll dry day to outlets outside the constituency. They seek to protect their operations while acknowledging electoral integrity.

Contentions of Respondents

The respondents contend that EC directives for dry days are essential to protect the electoral process and that the counting day’s dry-day requirement is tied to the counting venue and broader territorial considerations. They emphasize the need for uniform enforcement across related constituencies to ensure free, fair, and orderly elections.

Cited Precedents (4)

Case NameCitationTreatmentExplanation
Raju P.P and others v. District Collector, Alappuzha and others2009 (4) KHC 799PositiveCourt cites this decision to extend dry-day restrictions to areas outside the polling ward when polling occurs in a ward that is within a different territorial limit.
Sulekha v. State of Kerala2008(2) KLT 23Mentioned OnlyExhibit referenced in Appendix; not central to the reasoning of the present judgment.
W.A. No. 391 of 20182018Mentioned OnlyExhibit cited; not a central holding of the present decision.
W.P.(C) 5187/20052005Mentioned OnlyExhibit cited in appendix as a previous ruling; not directly applied in the reasoning.

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Extracted Judgment Text

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## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **FRIDAY, THE 27[TH] DAY OF MAY 2022 / 6TH JYAISHTA, 1944** ## **WP(C) NO. 17275 OF 2022** ## **PETITIONERS:** - **1 PGS VEDANTA, LISSIE JUNCTION, KALOOR, ERNAKULAM, PIN-682018 REPRESENTED BY ITS MANAGING PARTNER PREGITH PADMANABHAN RESIDING AT 43/859 EDODI HOUSE, KOCHANATH LANE, SOUTH JANATHA ROAD, PALARIVATTOM, ERNAKULAM 682017** - **2 ELITE TOURIST HOME PARAMARA ROAD, NEAR SPECIALIST HOSPITAL, 682018 REPRESENTED BY ITS PROPRIETOR GEORGE P.A., RESIDING AT PAZHAKUNNEL HOUSE, AZAD ROAD, KALOOR, ERNAKULAM 682017.** - **3 POLAKULATH REGENCY, M.G.ROAD, JEWEL JUNCTION, ERNAKULAM682011 REPRESENTED BY ITS MANAGING PARTNER P N KRISHNANUNI, 86MOSQUE ROAD, BEHIND OBERON MALL, NORTH PADIVATTOM, ERNAKULAM 682024** - **4 AISWARYA TOURIST HOME, S.N.JUNCTION, ROAD, REFINERY THRIPUNITHURA, PIN-682301 REPRESENTED BY ITS MANAGING PARTNER PRAVEEN XAVIER RESIDING AT EDACKATTUKUDY HOUSE, PUTHUPPADY P.O., ERNAKULAM 686673** - **5 THE MERCY LUXURY BUSINESS HOTEL, M.G.ROAD, RAVIPURAM, KOCHI 682016 REPRESENTED BY ITS MANAGING PARTNER REJI C KURIAKOSE, CHEMMAYIL HOUSE, SURABHI ENCLAVE, S A ROAD, ERNAKULAM 682016** - **6 AJANTHA REGENCY, R. MADHAVAN NAIR ROAD, PALLIMUKKU, KOCHI REPRESENTED BY ITS MANAGING PARTNER GOPINATHAN K, RESIDING AT KRWAG21, PONNETH TEMPLE ROAD, KADAVANTHARA, ERNAKULAM 682020** - **7 THE LANDMARK, DESHABHIMANI JUNCTION, NEAR JAWAHARLAL NEHRU INTERNATIONAL STADIUM, KALOOR, COCHIN, PIN-682017 REPRESENTED BY ITS MANAGING PARTNER OMANA ASOKAN RESIDING AT SREELAKSHMI, BENNET ROAD, CHEMBUMUKKAVU, THRISSUR 680020** - **8 OBEROI RESTAURANT,** **NEAR SEEMATTI, M.G.ROAD, ERNAKULAM, PIN682017 REPRESENTED BY ITS MANAGING PARTNER DHANPAT RAI OBEROI RESIDING AT 2064/36, OBEROI HOUSE, THEKKUMTHALA ROAD, KALOOR, ERNAKULAM 682017** - **9 GRAND HOTEL,** - **M.G.ROAD, WOODLAND JUNCTION, ERNAKULAM, PIN682011 REPRESENTED BY ITS MANAGING PARTNER K J GEORGE, KOTTOOR HOUSE, T D ROAD,** **WP(C) NOs. 17275&17285 OF 2022** **2** ## **NORTH END, ERNAKULAM-35** **BY ADVS. THOMAS ABRAHAM MERCIAMMA MATHEW ASWIN.P.JOHN R.ANANTHAPADMANABAN THAYYIB SHA P.S. PAUL BABY** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, TAXES DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM 695001** - **2 COMMISSIONER OF EXCISE, OFFICE OF THE EXCISE COMMISSIONER, BAKERY JUNCTION ROAD, UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PALAYAM, THIRUVANANTHAPURAM 695033** - **3 DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM 682030** - **4 THE CIRCLE INSPECTOR OF EXCISE, EXCISE CIRCLE OFFICE, ERNAKULAM, NEAR NORTH RAILWAY STATION, ERNAKULAM 682018** - ***ADDL R5 THE CHIEF ELECTORAL OFFICER, VIKAS BHAVAN, LEGISLATURE COMPLEX, THIRUVANANTHAPURAM-695 033. (*ADDL R5 IS SUO MOTU IMPLEADED AS PER ORDER DATED 27.05.2022)** ## **OTHER PRESENT:** **SRI.BIMAL K.NATH – SR.GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.05.2022, ALONG WITH WPC NO.17285/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C) NOs. 17275&17285 OF 2022** **3** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **FRIDAY, THE 27[TH] DAY OF MAY 2022 / 6TH JYAISHTA, 1944** ## **WP(C) NO. 17285 OF 2022** ## **PETITIONERS:** |**1**|**JOHN KALLATT.,**| |---|---| ||**AGED 76 YEARS**| ||**S/O.VARGHESE, HOTEL CRYSTAL PLAZA, BANERJI ROAD, ERNAKULAM-**| ||**682031, RESIDING AT KALLATT HOUSE, 7 MILE, TALIPARAMBA, KANNUR-**| ||**670141.**| |**2**|**M/S.HOTEL EDASSERY MANSION,**| ||**KATHRIKADAVU, KALOOR, COCHIN-17, REPRESENTED BY ITS MANAGING**| ||**PARTNER, SRI.MITHUN DAVIS, AGED 41 YEARS, S/O.E.J.DAVIS,**| ||**RESIDING AT EDASSERY HOUSE, ANGADIKADAVU ROAD, ANGAMALY P.O,**| ||**ERNAKULAM.**| |**3**|**K.T.MATHEW,**| ||**AGED 71 YEARS**| ||**S/O.LATE K.M.THOMAS, HOTEL SEA GATE, PATHDIPPALAM, SOUTH**| ||**KALAMASSERY, CHANGAMPUZHA NAGAR, ERNAKULAM-682033, RESIDING AT**| ||**23, SKYLINE GATE, PATHADIPALAM, SOUTH KALAMASSERY, CHANGAMPUZHA**| ||**NAGAR P.O, ERNAULAM, PIN-682033.**| |**4**|**JOSE PRADEEP,**| ||**AGED 60 YEARS**| ||**YUVARANI RESIDENCY, M/S.RANIMATHA ARCADE, JOS JUNCTION,**| ||**M.G.ROAD, ERNAKULAM-682016, RESIDING AT VALIYAPARAMBIL,**| ||**KODUPARAMBU NORTH LANE, NETHAJI ROAD, NEAR ANCHUMANA TEMPLE,**| ||**PALARIVATTOM, EDAPPALLY SOUTH, ERHAKULAM-682024.**| |**5**|**TOMY JOSEPH,**| ||**AGED 58 YEARS**| ||**S/O.JOSEPH, HOTEL ZODIAC, PALLIPPARAMBU KAVU ROAD, MARKET**| ||**JUNCTION, TRIPUNITHURA, ERNAKULAM, PIN-682301, RESIDING AT**| ||**CHERKOTTU HOUSE, ARAKKUZHA P.O, MUVATTUPUZHA, ERNAKULAM-686672.**| |**6**|**AQUARIA THE BOUTIQUE RESORT,**| ||**(A SUBSIDIARY OF SOUTH COAST BOUTIQUE RESORTS PVT. LTD) PETTA,**| ||**TRIPUNITHURA, ERNAKULAM DISTRICT, REPRESENTED BY ITS MANAGING**| ||**DIRECTOR. LEGINA MURALI, 60 YEARS, W/O.MURALIDHARAN,**| **WP(C) NOs. 17275&17285 OF 2022** **4** **RESIDING AT 39-6432, CHATHOTH, SANNIDHI ROAD, WEST OF RAVIPURAM TEMPLE, M.G.ROAD P.O, ERNAKULAM-682016.** - **7 GINO JOSEPH, AGED 46 YEARS** **S/O.JOSEPH, HOTEL HILL HEIGHTS, PALLIKKARA, KUMARAPURAM P.O, ERNAKULAM DISTRICT, RESIDING AT THAYANKERI HOUSE, THRIKKAKARA P.O, ERNAKULAM.** - **8 SHEEJAMOL, AGED 49 YEARS** - **D/O.M.X.MATHEW, PROPRITRIX, KOTTAVATHIL RESTAURANT, NEAR STATUE JUNCTION, THRIPUNITHURA, ERNAKULAM, RESIDING AT CHERUKARA HOUSE, EROOR WEST, THRIPUNITHURA, ERNAKULAM DISTRICT.** - **9 TOM JOSE, AGED 58 YEARS** - **S/O.T.O.JOSEPH, CORAL REEF, NEAR ERNAKULAM NORTH RAILWAY STATION, ERNAKULAM-682018, RESIDING AT THERUVANUNNEL HOUSE, A.I. SCHOOL, VADUTHALA, KOCHI.** - **10 HOTEL SIENA CENTRAL PVT. LTD., KALOOR, ERNAKULAM, REPRESENTED BY ITS MANAGING DIRECTOR, K.MOHANAN, AGED 67 YEARS, S/O.KESAVAN, RESIDING AT SREERAGAM, KUMARANASAN NAGAR, KADAVANTHRA, KOCHI-682020.** - **11 LUCIYA TOURIST HOME, STADIUM ROAD, ERNAKULAM, REPRESENTED BY ITS MANAGING PARTNER, AJISH ANTONY, AGED 31 YEARS, RESIDING AT PARAPPILLY, MATTOOR, KALADY, ERNAKULAM DISTRICT.** - **12 THE INTERNATIONAL HOTEL, P.B.NO.3563, M.G.ROAD, ERNAKULAM-682035, REPRESENTED BY ITS MANAGING PARTNER, SUNNY K.PETER, AGED 74 YEARS, S/O.CHERIYA PATHROSE, RESIDING AT KODIYAMPARAYIL HOUSE, KOLENCEHRRY P.O, ERNAKULAM DISTRICT.** - **13 M STAR HOTELS PVT. LTD (COCHIN HERITAGE HOTEL), KANIYAMPUZHA TOLL, EROOR P.O, ERNAKULAM, REPRESENTED BY ITS MANAGING DIRECTOR, RAJANEESH P.G, AGED 42 YEARS, S/O.GOPALAN, JINU NIVAS, PALAPPALLAM, CHITTUR P.O, PALAKKAD DISTRICT.** - **14 M/S. LOVEDONS GRAND,** - **KARIMUGAL, ERNAKULAM, PIN-682308, REPRESENTED BY ITS MANAGING PARTNER, T.C.MANI, AGED 73 YEARS, S/O.T.K.CHACKO, RESIDING AT THANNICKAMATTATHIL HOUSE, THONICKA, KOLENCHERRY, ERNAKULAM DISTRICT.** **WP(C) NOs. 17275&17285 OF 2022** **5** - **15 VKL LEISURE INN** - **(A UNIT OF SANDUNE PROPERTIES PVT. LTD) VKL LEISURE INN ROAD, NEAR NAIRS 'HOSPITAL, NH BYE PASS ROAD, KOCHI, REPRESENTED BY ITS MANAGING DIRECTOR SHAJI K.MATHEW, AGED 50 YEARS, S/O.K.C.MATHEW, RESIDING 5F, SILVAN HEIGHTUS, KADAVANTHRA, CHILAVANNUR, ERNAKULAM.** - **16 M.R.HANS, AGED 62 YEARS** - **S/O.RAMADAS, NM ROYALE COUNTY, KRL ROAD, TRIPUNITHURA, ERNAKULAM, RESIDING AT MADYAMPARAMBIL HOUSE, MARKET ROAD, TRIPUNITHURA.** - **17 C.K.SHAJI, AGED 56 YEARS** - **HOTEL KABANI REGENCY, KARIMUGAL, ERNAKULAM DISTRICT, RESIDING AT CHUNDAYIL HOUSE, MARKET P.O, MUVATTUPUZHA.** - **18 E.J.DAVIS, AGED 68 YEARS** **S/O.JOSEPH, KALAMASSERY TOURIST HOME, OPP. APPOLO TYRES, ERNAKULAM DISTRICT, RESIDING AT EDASSERY HOUSE, ANGADIKADAVU ROAD, ANGAMALY, ERNAKULAM DISTRICT.** - **19 E.J.DAVIS, AGED 68 YEARS** **S/O.JOSEPH, KATHRIKADAVU TOURIST HOME (HOTEL SEA PEARL), KUTTAPPAI ROAD, NEAR SARITHA THEATRE, ERNAKULAM, RESIDING AT EDASSERY HOUSE, ANGADIKADAVU ROAD, ANGAMALY, ERNAKULAM DISTRICT.** - **20 P.N.SATHEESAN, AGED 61 YEARS** **, S/O.PATHMANABHAN, HOTEL CHANDNI PARK, SOUTH KALAMASSERY, ERNAKULAM, RESIDING AT NADUPARAMPIL, ETTUMANOOR P.O, KOTTAYAM DISTRICT.** - **21 MONY SENAN, AGED 70 YEARS** - **W/O.CHANDRASENAN, COCHIN RESTAURANT, KANGARAPADY, VADACODE P.O, ERNAKULAM DISTRICT, RESIDING AT MONI MANDIR, PANAMPILLY NAGAR, ERNAKULAM.** - **22 SUNIL GOPINATHAN, AGED 61 YEARS** **S/O.GOPINATHAN, OG & BLUE HOTEL, KUNDANNOOR, MARADU, ERNAKULAM, RESIDING AT HOSTEL LANE, WARIOM ROAD, ERNAKULAM.** **WP(C) NOs. 17275&17285 OF 2022** **6** **23 RENNY PETER DAMIAN, AGED 50 YEARS S/O.PETER DAMIAN, HOTEL SEA SHELL, ERNAKULAM, RESIDING AT KAIMATHURUTHIL HOUSE, PUTHENVELIKKARA P.O, ERNAKULAM DISTRICT. 24 DR.E.J.MANI, AGED 66 YEARS S/O.JOSEPH, HOTEL MALABAR HOUSE, GOPALAPRABHU ROAD (MARKET ROAD), ERNAKULAM, RESIDING AT EDASSERY HOUSE, PARAVOOR KAVALA, THOTTAKATTUKARA, ALUVA. 25 JOYES GEORGE, AGED 68 YEARS S/O.GEORGE, HOTEL JOYES INTERNATIONAL, THIRUVANKULAM, ERNAKULAM DISTRICT, RESIDING AT THURUTHIYIL HOUSE, THIRUVAMKULAM, ERNAKULAM DISTRICT.** **BY ADVS. M.G.KARTHIKEYAN NIREESH MATHEW NIJU MATHEW VIVEK VENUGOPAL BABU JOSE SEBIN SEBASTIAN GAJENDRA SINGH RAJPUROHIT DEVAN N.R** ## **RESPONDENTS:** |**1**|**STATE OF KERALA**| |---|---| ||**REP. BY SECRETARY, TAXES (A) DEPARTMENT; GOVT. SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695 001.**| |**2**|**THE EXCISE COMMISSIONER**| ||**COMMISSIONERATE OF EXCISE, EXCISE HEAD QUARTERS, NANDAVANAM,**| ||**THIRUVANANTHAPURAM-695 033.**| |**3**|**THE DEPUTY COMMISSIONER OF EXCISE,**| ||**EXCISE DIVISION OFFICE, KAHERIPADY, ERNAKULAM, PIN-682018.**| |**4**|**THE CIRCLE INSPECTOR OF EXCISE,**| ||**EXCISE CIRCLE OFFICE, ERNAKULAM, PIN-682018.**| |**5**|**THE CHIEF ELECTORAL OFFICER,**| ||**VIKAS BHAVAN, LEGISLATURE COMPLEX, THIRUVANANTHAPURAM-695 033.**| **7** ## **WP(C) NOs. 17275&17285 OF 2022** ## **OTHER PRESENT:** **SRI.BIMAL K.NATH SR GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.05.2022 ALONG WITH WPC NO.17275/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C) NOs. 17275&17285 OF 2022** **8** ## **J U D G M E N T** The controversy projected in these cases, has its genesis in the requisition of the Election Commission of India (ECI), made to the Chief Secretaries of the various States in which byelections are being held, to the effect that certain days be declared as 'dry days', which is to mean that the availability of liquor be shut down on such. 2. The petitioners, who state to be Hotels having Bars, as also Beer and Wine parlours, assert that they are all beyond the territorial limits of the 'Thrikkakara' Constituency, where the byeelections are being held in Kerala; and therefore, that the directive of the Election Commission of India - to declare the period starting from 48 hours until the closure of the hour of polling as 'dry days' - would not apply to them. They however, concede that the instructions with respect to the declaration of a 'dry day' on the counting day, namely 03.06.2022, would apply to them. They thus challenge the notices issued to them by the Inspector of Excise, asking them to shut operations 48 hours prior to the closure of the polling hour on 31.05.2022. 3. I have heard Sri.Thomas Abraham and Sri.M.G.Karthikeyan – learned counsel appearing for the various petitioners; Sri.Bimal K. Nath – learned Senior Government Pleader **WP(C) NOs. 17275&17285 OF 2022** **9** appearing for the official respondents and Sri.Deepu Lal Mohan – learned Standing Counsel appearing for the Election Commission of India, as also the Chief Electoral Officer of the State of Kerala. 4. It is without requirement to state specifically that every statutory prescription, as also the instructions issued by the competent Authorities, are intended to ensure free and fair elections without breakdown of law and order and to avert any case of nuisance or trouble to the voters of a Constituency. 5. The directives issued by the Election Commission of India, are certainly, therefore, laudable and it is also statutorily provided that specified periods should be treated as 'dry days' before the polling concludes. 6. That said, however, the issue involved in this case has arisen only because the petitioners say that they are operating beyond the territorial limits of the 'Thrikkakara' Constituency, which is going to polls on 31.05.2022. 7. Sri.Deepu Lal Mohan – learned Standing Counsel for the Election Commission of India, affirmed that his client's instructions are with relation to those Bars and liquor vending outlets operating within the Constituency for a period of 48 hours prior to the closure of the hour of polling. He, however, added that in the case of 'Thrikkakara' Constituency, there is an adscititious aspect, namely, **WP(C) NOs. 17275&17285 OF 2022** **10** that the counting is to be held at the 'Maharajas College Auditorium', which is in the 'Ernakulam' Constituency; and therefore, that on the counting day, liquor vending in both these Constituencies will have to be shut down and construed as a 'dry day'. 8. The afore submissions of Sri.Deepu Lal Mohan, thus make it limpid that as far as the territorial limits 'Thrikkakara' Constituency is concerned, every Bar and liquor outlets will require to shut its operations at least by 06.00 pm on 29.05.2022, since the closure of the polling is at 06.00 pm on 31.05.2022. 9. Coming to the counting day, namely 03.06.2022, certainly, the unequivocal requirement of the Election Commission of India is that the territorial limits within the Constituency of 'Thrikkakara' and that of the counting area be declared as 'dry day'. 10. In fact, this Court has already declared the law in **Raju P.P and others v. District Collector, Alappuzha and others [2009 (4) KHC 799],** that if election is conducted in a Ward outside the limits of the Constituency which goes into poll, the said area will also be burdened with the same restrictions as is applicable to the latter. 11. In that perspective, there can be no doubt that on 03.06.2022 - being the counting day, all the Bars in 'Thrikkakara' **WP(C) NOs. 17275&17285 OF 2022** **11** and 'Ernakulam' Constituencies will require to be shut down and a 'dry day' strictly enforced. 12. In fact, Sri.Bimal K. Nath – learned Senior Government Pleader, conceded to the above and submitted that the impugned notices were issued to the petitioners with the objective of ensuring that the requirements of the Election Commission of India were implemented scrupulously. He added that, while issuing the same, the Inspector of the Excise was under the _bona fide_ impression that all the restrictions with respect to the operation of liquor vending outlets in 'Thrikkakara' Municipality would apply to the 'Ernakulam' Constituency also, because the counting centre is situated within its limits. He added that, however, since Sri.Deepu Lal Mohan – learned counsel for the Election Commission of India, has clarified the position, the Excise Department will ensure that all the Bars and liquor outlets in the 'Thrikkakara' Constituency are shut at 06.00 pm on 29.05.2022 until 06.00 pm on 31.05.2022 and further that they will remain shut, along with every other Bar and outlet in the 'Ernakulam' Constituency, on 03.06.2022 during its entire 24 hours. Taking note of the afore submissions, I dispose of these writ petitions, with a direction to the competent Authority of the Excise to ensure that the above recorded requirements of the Election Commission of India are implemented and enforced without fail; and **WP(C) NOs. 17275&17285 OF 2022** **12** consequently, that every liquor outlet within the 'Thrikkakara' Constituency is kept closed from 06.00 pm on 29.05.2022 till 06.00 pm on 31.05.2022 and further for the entire 24 hours, along with all the liquor outlets in the 'Ernakulam' constituency also, on 03.06.2022 Needless to say, the notices issued to the petitioners will be construed on the afore terms and they will abide by it; failing which, necessary consequences shall certainly follow. As a resultant corollary to the afore directions, necessary notices and instructions will be given by the Excise Department to the petitioners and various other liquor outlets and Bars within these two territories, within 24 hours from the date of receipt of a copy of this judgment. I also authorize the learned Senior Government Pleader – Sri.Bimal K. Nath, to intimate the Authorities appropriately, so that they can take steps in this regard even without waiting for a certified copy of this judgment. SD/- ## **DEVAN RAMACHANDRAN JUDGE** rp **WP(C) NOs. 17275&17285 OF 2022** **13** ## **APPENDIX OF WP(C) 17275/2022** ## **PETITIONER EXHIBITS** **Exhibit P1 THE TRUE COPY OF THE FL-3 LICENSE ISSUED TO THE 1ST PETITIONER** **Exhibit P2 THE TRUE COPY OF THE ORDER NUMBERED AS G.O.(RT). NO.394/2022/TAXES DATED 18.5.2022 ISSUED BY THE SECRETARY, TAXES DEPARTMENT** **Exhibit P3 THE TRUE COPY OF THE NOTICE NO.E.C-2A/2022 DATED 24.5.2022 ISSUED BY THE EXCISE CIRCLE INSPECTOR, ERNAKULAM** **Exhibit P4 THE TRUE COPY OF THE JUDGMENT DATED 16.2.2005 IN W.P.(C) 5187/2005** **Exhibit P5 THE TRUE COPY OF THE CIRCULAR DATED 29.4.2009 ISSUED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA** **Exhibit P6 THE TRUE COPY OF THE JUDGMENT DATED 12.2.2018 OF THIS HON'BLE COURT IN W.A. NO. 391 OF 2018.** **Exhibit P7 THE TRUE COPY OF THE REPRESENTED DATED 26.5.2022 SUBMITTED BY THE PETITIONERS.** **14** ## **WP(C) NOs. 17275&17285 OF 2022** ## **APPENDIX OF WP(C) 17285/2022** PETITIONER EXHIBITS **Exhibit P1 PHOTOCOPY OF THE NOTICE DATED 24.05.2022 ISSUED TO THE 4TH RESPONDENT TO THE 1ST PETITIONER. Exhibit P2 TRUE PHOTOCOPY OF THE GOVERNMENT ORDER, GO(RT)NO.394/2022/TAXES DATED 18.05.2022 ISSUED BY THE 1ST RESPONDENT. Exhibit P3 TRUE PHOTOCOPY OF THE LETTER DATED 24.05.2022 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT. Exhibit P4 TRUE PHOTOCOPY OF THE DECISION, SULEKHA VS. STATE OF KERALA - 2008(2) KLT 23.**