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2023 Supreme(Ker) 147

K. VINOD CHANDRAN, C. JAYACHANDRAN
Hotel Hillway Park, Murukkumon, Nilamel P. O. , Kollam Represented By Its Proprietor Vanju Kamal, S/o. Late S. Kamalasanan – Appellant
Versus
State Of Kerala, Represented By Its Secretary, Taxes Department, Government Of Kerala, Secretariat, Thiruvananthapuram, Pin – 695001 – Respondent


Advocates Appeared:
For the Appellant : Thomas Abraham, Merciamma Mathew, Aswin. P. John, R. Ananthapadmanaban, Paul Baby.
For the Respondents: Sri. T.K. Vipindas.

JUDGMENT :

[K. Vinod Chandran, J.]

1. The writ appeals arise from the refusal of the learned Single Judge to stay the separate impugned orders passed by two District Collectors prohibiting sale of liquor by FL3 licensees and licensed toddy shops existing within an area surrounding three different locations where religious festivals are being held. The orders passed were identical and one of such orders followed the earlier orders. We called for the writ petitions also on consent of the parties, since the disposal of the appeals either way would dispose of the writ petitions also.

2. We have to notice the facts insofar as the location, the genesis and the area of prohibition as coming out from the separate impugned orders in the writ petitions. In W.A No.489/23 the District Collector, Kollam issued Ext.P2 order dt. 16.02.2023 prohibiting sale of liquor within the Police Station limits of Kadakkal, Chithara and Chadayamangalam on 02.03.2023, in connection with the ‘Kumbhathiruvathira’ festival in Kadakkal Devi Temple. The very same order is challenged in W.A No.494/2023 by another FL 3 licensee within the same area, the order produced as Ext.P2. In W.A No.491/2023 the impugned order E

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