The court upheld that sufficient safety precautions negate public concern regarding business operations near schools.

JUDGMENT

The petitioner is seeking the quashing of Ext.P4, the report of the 2^nd respondent, the Excise Circle Inspector, which granted consent for establishing and operating a beverages outlet in the Thiruvananthapuram Corporation Building Nos. 31/1440- 1458 of Akilam Commercial Complex, situated at Peroorkada Junction.

2. Petitioner complains that the outlet is established without any precaution in a highly populated area and by the side of a road, causing heavy traffic. It is also alleged that there is a Government Higher Secondary School near the outlet, and the functioning of the outlet will cause heavy traffic block and accidents; therefore, it is against the interest of the public. 3. A memo was filed by the learned Government Pleader on 11.10.2023, producing a report of the Excise Commissioner, which reads as follows:-

“The FL1 1020 Ambalamukku is functioning in Thiruvananthapuram Corporation building No TC 32/1440- 1458 of Akhiliam Commercial Complex situated by the side of Peroorkada-Nedumangad road near Peroorkada Junction. During the licensing process of the FL1 Shop itself, the Manager KSBC Warehouse, Nedumangad has informed the Deputy Excise Commissioner, Thiruvananthapuram that the cellar portion of the building is available for the purpose of parking. Apart from this, another 26 cents property of the building owner, situated on the northern side of the building is also earmarked to construct parking area. Moreover the building owner agreed that he will make provisions for appointing security personnel from his own expenses to control vehicles of customers. The Manager of the shop has given assurance that no parking is being allowed in front of the building and he would be solely responsible for the parking arrangement.”

4. Based on the above memo, this Court passed an order on 17.10.2023 directing the Excise Circle Inspector to keep a vigil in the area in question and file a report with respect to at least a week’s operation of the liquor shop, detailing the nature of the crowd that gathers in front of it. Pursuant to the said direction, a memo was filed on 03.11.2023, producing the report of the Excise Circle Inspector, which reads as follows:-

“The Deputy Excise Commissioner Thiruvananthapuram has Issued license for the functioning of FL-1 1020 KSBC Shop TC 32/1440 to 1458 building Akhilam Commercial Complex owned by Smt. R.A. Kaseetha situated on the east of Peroorkada Nedumangad road, Peroorkada Junction, Peroorkada Desom, Peroorkada Village, Thiruvananthapuram Taluk. The Institution started functioning in above said building from 16.09.2023. The PSNM Govt. Higher Secondary School is situated at a distance of 207 m, south-west from the Institution which is beyond the objectionable site distance limit. Hence the Institution is functioning as per lawful distance limit. I have Inspected the shop from 23.10.23 to 29.10.23 and found that in 23.10.23 1543 persons, 24.10.23 1532 persons, 25.10.23 1483 persons, 26.10.23 1399 persons, 27.10.23 1460 persons, 28.10.23 1669 persons, 29.10.23 1693 persons has purchased liquor from the shop as per the bill and it has been verified. In the above said dates during school timings i.e. from 3:30pm to 4:30 pm 62, 69, 66, 63, 80, 77, 79 persons has purchased from the shop respectively. It has been verified with the bill and found correct. The functioning time of the shop is from 10:00 am to 9:00 pm. The average purchase in the shop at a time is 137 persons. The shop is situated at a distance of approximately 100m north from the traffic signal in Peroorkada junction. The parking facility is provided in the cellar floor of the building and also in a 26 cent plot north to the building. One Security official is appointed to control the smooth flow of traffic. No Vehicle parking