Community objections must be considered when licensing establishments, especially pertaining to liquor sales.

JUDGMENT

The petitioners challenging Ext.P9, passed by the 5^th respondent, Deputy Excise Commissioner, Kollam, pursuant to the direction issued by this Court in W.P. (C) No.32067/2025 dated 27.08.2025. The petitioners objected to the grant of a licence to the 2^nd respondent to open the FL-1/2019 liquor outlet. The said proposal was rejected earlier as per Exts. P1 and P4 on the ground that there was no local need or requirement as contemplated under Rule 13 A(1) of the Foreign Liquor Rules. It is alleged that the proposed beverages liquor outlet is situated in a densely populated Village.

2. Earlier, the petitioners had preferred W.P.(C) No.15381/2025 with the grievance that the Beverages Corporation was proposing to open a FL-1/2019 shop in Ward No.8 in Thazhava Grama Panchayat within the Kollam District. At that stage, no licence was issued to the Beverages Corporation, and the Writ Petition was disposed of, directing that the objections raised by the petitioners also be reconsidered while considering the matter. Thereafter Ext.P4 order was passed declining the request for a license.

3. Petitioners again filed W.P.(C) No.32067/2025, when a licence application was pending before the official respondents. The said Writ Petition was disposed of, directing the Deputy Excise Commissioner to consider the objections of the Writ Petitioners as well while considering the applications submitted by the Beverages Corporation and the liberty was granted to raise all available objections. Pursuant to the said direction, Ext.P9 order was passed granting a licence, subject to three conditions mentioned therein, which is challenged in this Writ Petition.

4. A statement has been filed on behalf of the 5^th respondent stating that several complaints have been received against the commencement of the FLI shop. It is stated that there are no outlets within a radius of 10 kms. The reports obtained show that several cases were registered in Thazhava Grame Panchayath during 2024 - 2025 under the Abkari Act. 315.65 litres of IMFL, 19.5 litres of arrack, 645 litres of wash, and 23 litres of illicit liquor were seized, which indicates that large quantities of liquor/arrack are being illegally stored and sold in the area. It is also submitted that the proposed location has ample space for consumers and for parking, and that the same will not cause any inconvenience to the public or private roads of nearby residents. Considering the above, the application was considered, and a licence was issued as per Ext.P9 with the following conditions:

“1. The premise must have a protective wall of sufficient height to avoid causing trouble to nearby residents.

2. The area designated for the establishment and parking cannot be used for any other purpose or for starting other businesses.

3. KSBC officials must ensure that vehicles are not parked “a on the road or on private paths leading to residents’ houses and that customers do not cause any.

inconvenience to locals.”

5. A reading of the above clearly shows that the objections of the petitioners were duly considered before the grant of the licence. The learned counsel appearing for the Beverages Corporation submits that the licence was granted on 12.09.2025, and the shop started functioning from 13.09.2025.

6. There is no challenge to the licence issued. No grounds compelling the interference with the decision to grant a licence are made out, much less in a judicial review. However, it is made clear that if any inconvenience/difficulty is caused to the public due to the functioning of the shop, this can be brought to the notice of the official respondents, in which event appropriate action shall be taken by the respondents to avert the same.

Subject to the above, the writ petition is dismissed.

S