HOTEL SEA PALACE Vs. STATE OF KERALA
LAWS(KER)-2022-7-286
HIGH COURT OF KERALA
Decided on July 26,2022

Hotel Sea Palace Appellant
VERSUS
STATE OF KERALA Respondents


Referred Judgements :-

KORA ABRAHAM VS. STATE OF KERALA [REFERRED TO]
ANEESH KUMAR T K VS. DISTRICT COLLECTOR [REFERRED TO]


JUDGEMENT

AMIT RAWAL,J. - (1.)Order dtd. 20/7/2022 of the District Collector/ District Magistrate, Kollam ordering prohibition for sale of liquor in connection with Karkadaka Vavu, 2022 in the area of Kollam, Thirumullavaram, Mundaikal, Papanasam Sea Shore, Paaravoor Kongal Panamuttu Kudumba Mahadeva Temple for a period of two days i.e., 27/7/2022 and 28/7/2022, is under challenge, on behalf of the petitioner which is running a hotel with a facility of Bar having FL-3 licence and situated within 1.9 kilometers of the said temple.
(2.)Ext.P1 is the copy of the licence renewal certificate of FL-3 on payment of the licence fee and there has not been a single complaint of functioning of the hotel as well as the bar. Numerous events in the past have been held including non-renewal of the licenceowing to change in the Abkari Policy or spread in the COVID-19 pandemic. Order dtd. 20/7/2022 has been passed as per the provisions of Sec. 54 of the Abkari Act which empowered the District Magistrate keeping in view the circumstances referred to herein, to close the shops for a certain period.
(3.)Mr.Thomas Abraham, learned counsel appearing on behalf of the petitioner submits that Government of Kerala had issued a circular dtd. 29/4/2009 directing the closure of abkari shops for the preservation of peace on certain accounts. The aforementioned circular was issued in view of the judgment dtd. 5/9/2009 laid down by the Division Bench of this Court in W.P.(C).No. 5748 and 6149 of 2009 wherein the the District Magistrate is to issue notices before a period of seven days.


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