SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 15992

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
PRABEETHA PRAKASH – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 21929 OF 2025



Advocates:
For the Appellants/Petitioners: SMT.SREELAKSHMI SABU, SHRI.MAHESWARAN V.P.
For the Respondents: SHRI.T.RAJASEKHARAN NAIR, SRI.NAVEEN.T., SC, KERALA STATE BEV.CO. M. AND M., SHRI.C.A.JOJO, SHRI.SIVADAS M., SHRI.JOSEPH ANU A.A, SRI.P.C. SASIDHARAN, SC, S MT. DEVI SHRI R., GP.

The Court affirmed the need for compliance with statutory distance regulations in licensing liquor shops.

Headnote:Statute Analysis: The case concerns the issuance of License No. RFL1/2025/00396 issued to the 7th Respondent, allegedly violating Rule 13 of the Kerala Foreign Liquor Rules, 1953. Facts of the Case: The writ petition requests to quash the license for a Foreign Liquor Shop due to proximity issues regarding educational institutions and residential areas.

Findings of Court:
The High Court observed that the Panchayat rejected the request for a license, which concluded the matter at hand.

Issues: The main issues framed include whether the license issued adhered to statutory distances and other regulatory requirements.

Ratio Decidendi: The Court emphasized the necessity for compliance with the statutory distance criteria when granting licenses to liquor shops.

Result: The writ petition was closed without prejudice, retaining the right of the Beverages Corporation to challenge the Panchayat's order.

Table of Content
1. issuance of liquor licenses must adhere to established distance regulations. (Para 1 , 2)
2. court's observations on the statutory compliance of the panchayat's decision. (Para 3)

J U D G M E N T

The writ petition is filed with the following prayers;

“a. Issue a writ of certiorari or any other appropriate writ, order, or direction calling for the records leading to the issuance of License No. RFL1/2025/00396 dated 19.05.2025 (Exhibit P1) granted to the 7th Respondent for operating Foreign Liquor Shop No. KSBC FL1 8027, and quash the same as illegal and in violation of Rule 13 of the Kerala Foreign Liquor Rules , 1953 and the directives of the Hon’ble Supreme Court in Civil Appeal Nos. 12164–12166 of 2016 b. Issue a writ of mandamus or any other appropriate writ, order, or direction directing Respondents 1 to 4 not to permit the functioning of the said liquor shop in Mullurkara Village, Thrissur District, in view of the violation of statutory distance criteria from educational institutions, residential areas, and State Highways;

c. Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case to ensure justice is done.

d. Dispense with the translation of Exhibits if any Produced in Vernacular Language.”

2. This Court had passed the following order on 18th December

2025;

“Taking note of the submission made by the learned counsel for the fifth respondent panchayat that it has received an application for a trade license on behalf of the Kerala State Beverages Corporation, there will be a direction to the panchayat to decide on the same within two weeks from the date of receipt of a copy of this order, with notice to the petitioners or their representative and the sixth respondent, in accordance with law. A decision shall be taken by the fifth respondent within the time granted and the same shall be produced before this court.”

3. Pursuant to the above direction, Panchayat considered the matter and through proceedings dated 29.01.2026, rejected the request for a licence for setting up a Beverages Corporation Outlet. The said order is produced by the Panchayat along with a memo.

In view of the above order, nothing further remains to be considered in this writ petition and the same is closed without prejudice to the right of the Beverages Corporation to challenge the said order, if so advised. It is made clear that all the contentions of the parties are left open.

SD/-

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top