IMPORTANT POINTS
The constitutional court has the limitation of its own in entering into fact finding. The Kerala Abkari Shops Disposal Rules, 2002 confers power on the Commissioner of Excise to order transfer of shops or to close the shops in public peace or morality or on grounds of expediency (See Rule 7(3)]. Therefore, there may not be any difficulty for the Excise Commissioner to entertain any complaint alleging infringement of privacy rights. The above provision itself would take care of the issue relatable to the privacy. Apart from that, an individual concern also can approach the Human Rights Commission to redress their grievances.

JUDGMENT :

Toddy is considered as a natural alcohol and health drink. To an average tourist, Kerala is famous for toddy, but, the operation of toddy shops does not bring cheer to the residents in the neighbourhood of such toddy shops. The State of Kerala is known to be a consumer State and its exponential growth in lifestyle has thrown up many challenges on the social front. Toddy shops run in the primitive style have become an eyesore to its neighbours. In social life, anything that is lopsided or degenerated in quality is decried in different forms. These writ petitions resemble a cause for those values cared and nurtured by Keralites. The issue of privacy was not raised as the main issue in these writ petitions. These writ petitions filed for different reliefs in varied grounds, urge the common concern in regard to the pain and suffering faced by each one of them on account of the location of toddy shops near to their houses. This Court, realising that this is related more to the privacy of those individuals, decided to proceed with the issues raised in these writ petitions on a broader parameter to assimilate the concern within the frame of the right to privacy. To further the Court's enquiry, this Court appointed two lawyers of this Court as amici curiae. Sri. R.T.Pradeep, a seasoned lawyer of this Court and a young lawyer Sri.Ashok Kini were appointed as amici curiae. Their contribution to deciding this case is immense. This Court at the outset, records its appreciation to these lawyers in enlightening the Court on various aspects related to this issue.

2. Before dealing with the issue of privacy, it is appropriate to refer to the facts of each case.

2. i. W.P.(C) No.29704/2015

The petitioner-Laisy Santhosh is a resident of Vaikom Village. She complains about the location of a toddy shop called 'Irumpoozhikkara toddy shop' in Vaikom Excise Range. According to her, the distance between her house and the toddy shop is only three metres. The petitioner states that the persons who are coming to the toddy shop cause nuisance to her. She raised various complaints. She also had approached this Court in W.P.(C) No.6559/2014. This court on 30.09.2014 disposed the said writ petition directing the Excise Commissioner to consider the representation of the petitioner after hearing the petitioner and respondents 5 to 7. The Excise Commissioner passed Ext.P7 order dated 05.02.2015 on the representation. The Excise Commissioner was satisfied that nuisance is being generated and ordered shifting of the toddy shop to another location. The Excise commissioner had also observed in the order that the toddy shop is being run since more than 20 years and Laisy Santhosh had started living in the area only five years ago. Perhaps while deciding such a dispute in a civil court complaining of a civil wrong, subsequent residence after the generation of nuisance would have an impact on the relief sought. However, this has to be examined in the perspective of declaring right to privacy as a fundamental right. Therefore, this Court has to deal with the issue separately in the latter part of this judgment. Laisy Santhosh approached this Court for implementation of the decision of the Excise Commissioner in a time-bound manner.

2. ii. W.P.(C) No.2213/2018

This writ petition was filed by the licensees of the toddy shop challenging the order of shifting issued by the Excise Commissioner consequent upon a complaint made by Laisy Santhosh, the petitioner in W.P.(C) No.29704/2015.

2. iii. W.P.(C) No.41459/2018

This writ petition was filed by Sri.K.T.Xavier, a Trustee of the Public Trust, National Jane Jeevan Foundation. His main grievance is that food is being served in a toddy shop without obtaining a licence from the Local Authority and without obtaining any GST registration.

2. iv. W.P.(C) No.20809/2019

This writ petition was filed by M/s.Theekkoy Town Residents' Association challenging the shifting of a toddy shop to a building near to the residence of the members