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Judges : BHASKARAN NAMBIAR
SAMBAMOORTHY - Appellant
Versus
EXCISE INSPECTOR - Respondent
Case No : C.M.P. No. 24871 of 1985 in O.P. No. 8330 of 1985
Decided On : 09/26/1985
Advocates Appeared :
S.A. Nagendran; S. Narayanan Poti; For Petitioner Government Pleader; For Respondents
Guruvayur Temple - Liquor License - Kerala Abkari Shops (Disposal in Auction) Rules, 1974, R.6(2), Foreign Liquor Rules, R.13(3), R.28, R.39 - The court discussed the grant of a foreign liquor hotel license near the Guruvayur Temple and the relevant rules and regulations. The court highlighted the prohibition on locating liquor shops within a certain distance from educational institutions, temples, churches, mosques, or burial grounds, and emphasized the government's power to regulate or prohibit the issuance of liquor licenses. The court also referred to the constitutional directive in Art.47 and previous Supreme Court decisions on the state's power to prohibit trades injurious to public health. The judgment concluded that the grant of the license was in violation of the rules and the government directive, and restrained the respondent from selling liquor and operating the bar in the hotel.
Fact of the Case:
The petitioner, a devotee of Guruvayur Temple, challenged the grant of a foreign liquor hotel license near the temple, citing violations of the Abkari Rules and ignoring salient factors prescribed by the Act and rules. The respondent maintained the right to carry on the liquor trade, citing investments and the presence of similar businesses in the neighborhood.
Finding of the Court:
The court found that the grant of the license was in violation of the Kerala Abkari Shops (Disposal in Auction) Rules, 1974, and the government directive, and restrained the respondent from selling liquor and operating the bar in the hotel.
Issues: The issues involved the grant of a foreign liquor hotel license near the Guruvayur Temple, the violation of rules and regulations, and the respondent's right to carry on the liquor trade.
Ratio Decidendi: The court emphasized the prohibition on locating liquor shops within a certain distance from educational institutions, temples, churches, mosques, or burial grounds, and highlighted the government's power to regulate or prohibit the issuance of liquor licenses. The judgment also referred to the constitutional directive in Art.47 and previous Supreme Court decisions on the state's power to prohibit trades injurious to public health.
Final Decision: The court restrained the respondent from selling liquor and operating the bar in the hotel, pending the disposal of the Original Petition.
1. Guruvayur Temple is one of the most important temples in South India, where devotees from all over India, gather every day to offer their prayers. There are two main entrances to the temple, one on the eastern side, the "eastern Nada" and the other on the western side "the western Nada". People join from both sides.
2. On 23-8-1985, the Board of Revenue (Excise), Trivandrum, accorded sanction for the issue of a foreign liquor Hotel (Restaurant) licence (FL 3 licence) to the fourth respondent for his hotel, Navaratna Gardens,
Western Nada, Guruvayur.
3. The writ petitioner, a devotee, a Brahmin, and a resident of Guruvayur township has filed this writ petition challenging the grant and has moved for an interim injunction restraining the fourth respondent from conducting a 'bar' in this hotel.
4. This court issued a commission to ascertain certain facts An advocate sufficiently senior in the profession, whose community has close connections with religious ceremonies in temples, was appointed for the purpose-Sri P. R. Nambiar advocate-commissioner, reported thus:
"The distance between the Kali Temple and the Bar of the 4th respondent is 253 meters as measured on ground and over water, and derivative measurement i.e. distance as the crow flies, is 212 meters.
The distance between the burial ground or cremation 'ground and the bar aforesaid by the short route on ground is 110 meters and as the crow flies, 91 meters. This is the normal route from the Bar to the cremation ground and is being used by all and sundry and not the circum-Iocuious route pointed out by the 4th respondent.
There is the Coffee House Bar FL 3 Licence No. 23/ 2-83 renewed up to 31-3-1986 with C. V. Antony as proprietor at a distance of 154.7 meters (as the crow flies 122 meters) from the temple" and 209 meters (158 meters as the crow flies) from the cremation ground. Mathew Joseph is contractor running an Arrack Shop AS. No. 3A with a distance of 115 meters (80 meters as the crow flies) from the temple and 248.7 meters (202 meters as the crow flies) from the cremation ground".
5.There is no objection to this report for the present and none was advanced at the time of hearing
6. When sanction was accorded by the Board of Revenue (Excise) the Assistant Excise Commissioner, Trichur, had reported, on 19-8-1985 that this proposed bar was within 40 meters of an Industrial Training Institute for Girls aided by Government. He had also stated that the main Guruvayur Temple was itself only 541 meters away from this hotel He also reported that the distance "between the hotel and the cremation ground is nearly 150 meters".
7. The writ petitioner contends that the liquor licence for the hotel bar was granted in patent violation of the Abkari Rules which prescribe, by a prohibitory distance that no liquor licence shall be granted under certain circumstances. It is also submitted that the various salient factors enjoined by the Act and the rules have been ignored and the Board, without applying its independent mind, has mechanically granted a licence to carry on trade in a dangerous business in close proximity to an educational institution, temples cremation ground etc. of course, the 4th respondent, refutes all these allegations, and maintains that he has a right to carry on trade in liquor in this Guruvayur Township and asserts that he has invested huge funds for his business and that there are other persons carrying on the same business in his neighbourhood and if they can continue, nothing prevents him also from carrying on the same business.
8. I have heard the counsel on both sides.
9. R.6 (2) of the Kerala Abkari Shops (Disposal in Auction) R.1974 reads thus:
"No toddy, arrack or foreign liquor shop (other than a toddy or arrack sub-shop) shall be located outside the limits notified in the Gazette under R.4, but with the previous sanction of Assistant Excise Commissioner it may be removed from one place to another within such limits. But no shop other than a Foreign
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