“CR”

J U D G M E N T

The petitioner is the licensee of a bar hotel at Ernakulam which is having five star classification. Ext. P2 is the FL-3 Licence renewal certificate issued in respect of the petitioner's hotel.

The Government of Kerala, vide Ext.P3 notification dated 13.02.2026, amended Rule 28 (1) of the Foreign Liquor Rules, 1953 and the proviso thereto, granting permission to FL-3 licensed bar hotels having 5 star classification and above to function for an additional three hours time after the permissible closing time, on payment of an additional annual rental, in the interest of promoting meetings, incentives, conferences and exhibitions (MICE) tourism, destination wedding, international conference etc. The petitioner applied for the benefit of Ext. P3 and paid Rs.5,00,000/- as fee to the Government. The 3rd respondent, the Deputy Commissioner of Excise, vide Ext.P4 order, granted permission to the petitioner to function the hotel for an additional three hours after the permissible closing time, for the financial year 2026-27.

The petitioner states that despite having the benefit of Ext. P4, the 5th respondent, the Station House Officer (SHO) is constantly harassing him and his staff by issuing repeated notices directing him not to conduct any DJ party in the hotel. Ext. P5 notice dated 27.03.2026 was issued by the SHO to the Manager of the hotel directing not to function the hotel beyond 12 O’ clock in the midnight and to stop celebrations using loud speakers after 10:00 p.m. Ext. P6 dated 30.03.2026 is the subsequent notice issued by the SHO to the Manager stating that DJ parties were being regularly conducted at the hotel with lots of young men and women participating and that quarrels occurred during such parties under consumption of narcotic substances. The petitioner was accordingly directed to refrain from conducting DJ parties at the hotel until further orders. On 28.04.2026, the 4th respondent, the Assistant Commissioner of Police issued Ext. P7 notice stating that as part of the measures taken to maintain law and order in the Central Sub-Division, all bars within the Sub-Division are to stop operations by 12 midnight, in accordance with the regulatory closing time prescribed by the Government, and to stop conducting DJ parties by 11:00 p.m. Ext. P8 FIR was registered against the petitioner under Section 223 of the Bharatiya Nyaya Sanhita, 2023 for conducting DJ party in the hotel till 3.00 a.m. on 30.04.2026, in violation of Exts. P6 and P7 notices.

According to the petitioner, the allegation that he is conducting DJ party in the hotel is not true and he is only conducting the bar on the strength of Ext. P4 order till the time permitted therein. The petitioner states that due to constant harassment meted out to him and his staff by respondents 4 and 5, he is not able to open the bar hotel and function the same and this has infringed the fundamental rights guaranteed under Article 19(1) (g) of the Constitution of India. The petitioner further states that when the 3rd respondent, vide Ext. P4 order, had extended the functioning of the bar hotel by 3 hours on the basis of the amendment brought out to the Foreign Liquor Rules, and on payment of additional annual rental of Rs. 5,00,000/-, the same cannot be curtailed by respondents 4 and 5, the officials of the Government. Accordingly, the petitioner has filed this writ petition challenging Exts. P5 to P7 notices and to direct respondents 4 and 5 to permit the functioning of the bar hotel in accordance with Exts. P2 and P4.

A Statement has been filed by the Commissioner of Police, Ernakulam City, the additional 6th respondent contending that under the guise of an FL-3 license and Ext. P4 extension issued by the Excise Department, the petitioner has been conducting late-night DJ parties allegedly resulting in incidents of drug abuse, violent disturbances, and public safety concerns. It is stated that Ext. P1 classification and Ext. P2 licence do not confer any abs