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
| 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/-
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