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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P.
K.T.Manoj Kumar, S/O.K.P.Thankappan – Appellant
Versus
Excise Commissioner, Commissionerate Of Excise – Respondent
JUDGMENT :
MOHAMMED NIAS C.P., J.
The petitioner is the licensee of Hotel Gayathri Inn, holding an FL-3 Licence No. P-28/2024-25, and has been conducting the bar licence from the year 2009 onwards under Rule 13(3) of the Foreign Liquor Rules as it satisfied the prescribed distance norms—specifically, more than 200 metres from any objectionable institution—as the then existing gate was 235 metres away from the Salvation Army Church and 254 metres from a nearby mosque.
2. Subsequently, a zebra crossing was constructed on the National Highway (NH-213) adjacent to the hotel premises. In view of the changed physical access scenario and to enable direct entry from the highway in accordance with traffic safety norms, the petitioner submitted a request on 18.09.2022 to the 1st respondent for permission to fix a new gate aligned with the zebra crossing. Measurements taken from the new proposed gate to the gate of the Salvation Army Church, taking into account the zebra crossing and footpath as per established guidelines, indicate a distance of 210.1 metres, clearly above the statutory 200-meter threshold.
3. Reports submitted by the lower authorities confirmed that the proposed gate, when measu
The statutory distance for liquor license compliance must be measured from actual public access points, not hypothetical routes.
The court ruled that multiple access points to an educational institution can be used to measure distance for liquor shop licensing, promoting student welfare.
It is an onerous obligation for an educational institution to devote itself in building a robust society by imparting creative education at the school level which ought not to be overlooked.
Community objections must be considered when licensing establishments, especially pertaining to liquor sales.
Compliance with procedural requirements under the Odisha Excise Rules is necessary for the lawful shifting of liquor licenses, and pleadings must be specific to raise valid legal objections.
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