T.K. ANEESH vs STATE OF KERALA - 2022 Supreme(Online)(KER) 27408

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2022 Supreme(Online)(KER) 27408

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN TUESDAY, THE 18TH DAY OF JANUARY 2022 / 28TH POUSHA, 1943 WP(C) NO. 805 OF 2022 PETITIONERS:
1 T.K. ANEESH AGED 51 YEARS S/O. KOCHUKUTTAN, THEKKEMADATHIL HOUSE, ARTHUNKAL P.O., CHERTHALA, ALAPPUZHA DISTRICT.
2 KOMALAM NATARAJAN, AGED 59 YEARS W/O.NATARAJAN, MAKKAPARAMBIL HOUSE, VETTAKKAL P.O., CHERTHALA, ALAPPUZHA DISTRICT.
3 OMANA KOCHUKUTTAN, AGED 70 YEARS W/O. KOCHUKUTTAN, THEKKEMADATHIL HOUSE, ARTHUNKAL P.O., CHERTHALA, ALAPPUZHA DISTRICT.
4 RATNAKARAN, AGED 58 YEARS W/O.SIVARAMAN, THENUMPARAMBIL HOUSE, KANICHUKULANGARA P.O., CHERTHALA, ALAPPUZHA DISTRICT.
5 RAJENDRAN, AGED 73 YEARS S/O.GANGADHARA PANICKER, PUTHENTHARA HOUSE, KADAKKARAPPALY P.O., CHERTHALA, ALAPPUZHA DISTRICT.
BY ADVS.
M.G.KARTHIKEYAN NIREESH MATHEW RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY, TAXES (A) DEPARTMENT, GOVT.
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, EXCISE HEAD QUARTERS, NANDAVANAM, THIRUVANANTHAPURAM-695001.
WP(C) NO. 805 OF 2022 -2-
3 THE DEPUTY COMMISSIONER OF EXCISE, EXCISE DIVISION OFFICE, EXCISE COMPLEX, IRON BRIDGE P.O., NEAR GENERAL HOSPITAL, ALAPPUZHA-688011.
4 THE DISTRICT COLLECTOR & DISTRICT MAGISTRATE, BESIDE JILLA PANCHAYATH OFFICE, CIVIL STATION WARD, ALAPPUZHA-688001.
5 THE DISTRICT POLICE CHIEF, CIVIL STATION WARD, ALAPPUZHA-688001. 6 THE CIRCLE INSPECTOR OF POLICE, ARTHUNKAL, ALAPPUZHA DISTRICT, PIN-688530.
7 THE CIRCLE INSPECTOR OF EXCISE, EXCISE CIRCLE OFFICE, NEAR ST. MARY'S GIRLS SCHOOL, CHERTHALA, ALAPPUZHA DISTRICT, PIN-688524.
8 STATE OF KERALA REP. BY CHIEF SECRETARY, GOVT. OF KERALA, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695001.
BY SRI.BIMAL K. NATH, SR. GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
= = = = = = = = = = = = = = = = = =
W.P.(C) No.805 of 2022 = = = = = = = = = = = = = = = = = =
Dated this the 18th day of January, 2022

J U D G M E N T

Order passed by the 4th respondent under Section 54 of the Abkari Act directing closure of liquor outlets within an area of two kilometres of St. Andrews Basilica, Arthunkal, on 19.01.2022, 20.01.2022, 26.01.2022 and 27.01.2022 in connection with the annual festival of the church, is under challenge in this writ petition by the licencees of toddy shops.

2. Heard Sri.M.G.Karthikeyan, learned counsel for the petitioner and Sri.Bimal K. Nath, learned Senior Government Pleader.

3. The order(Ext.P1) has been passed based on the report of the Deputy Excise Commissioner and on the request of the Vicar of the Church. The learned Senior Government Pleader, on instructions, submits that the church is situate adjacent to sea; huge gatherings will be there in connection with the festival and that there W.P.(C) No.805 of 2022 had been earlier instances where, after consuming liquor, people go into the adjacent sea and result in untoward incidents.

4. It is noticed that on earlier occasions also, in connection with the church festival, restrictions were imposed on the functioning of liquor shops. As per Ext.P1 order restraint has been imposed on the functioning of the shops for four days. In the wake of the current Covid pandemic and the consequential restrictions on gatherings as is presently imposed, it cannot be said that there would be such a huge gatherings as in case of previous years.

In the peculiar factual situation as above, I am of the opinion that it would be sufficient if the restriction is confined to two dates viz. 20.01.2022 and 27.01.22. The shops can be permitted to function on 19.01.2022 and 26.01.2022. However, it is clarified that this shall be without prejudice to the right to invoke powers under the second part of Section 54, if a W.P.(C) No.805 of 2022 situation as mentioned therein emerges.

Sd/-

SATHISH NINAN JUDGE kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 805/2022 PETITIONER EXHIBITS Exhibit P1 PHOTOCOPY OF THE ORDER PASSED BY THE 4TH RESPONDENT DATED 29.12.2021.

Exhibit P2 PHOTOCOPY OF THE CIRCULAR NO.7497/A2/09/TD DATED 29.4.2009 ISSUED BY THE 1ST RESPONDENT.

Exhibit P3 TRUE PHOTOCOPY OF THE GOVERNMENT ORDER, GO(MS)NO.8/2022/DMD DATED 4.1.2022.

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