IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 WP(C).No. 34307 of 2009(G) -------------------------- PETITIONER(S): --------------- 1. JOSEPH KURIAKOSE, AGED 59 YEARS, S/O. LATE JOSEPH, CHINGAMAPARAMBIL HOUSE (ELITE GARDEN), VAZHAPPALLY.P.O., CHANGANACHERRY, KOTTAYAM DISTRICT. 2. K.P.INDRAPALN, AGED 51 YEARS, S/O.PURUSHOTHAMAN,'INDRAPRASTHAM' CHARUMMOODU.P.O. ALAPPUZHA DISTRICT. BY ADV. SRI.C.C.THOMAS, SENIOR ADVOCATE SRI.NIREESH MATHEW SRI.M.G.KARTHIKEYAN RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR & DISTRICT MAGISTRATE, PATHANAMTHITTA. 2. THE DEPUTY COMMISSIONER OF EXCISE, PATHANAMTHITTA. 3. THE DISTRICT SUPERINTENDENT OF POLICE PATHANAMTHITTA. 4. THE TAHSILDAR & EXECUTIVE MAGISTRATE, THIRUVALLA. 5. THE ADMINISTROR, CHAKKULATHUKAVU SREE BHAGAVATHI TEMPLE, NEELETTUPURAM.P.O., THALAVADI, ALAPPUZHA DISTRICT. R1 TO R4 BY GOVT. PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.34307 OF 2009 ------------------------------------------- Dated this the 30th day of November, 2009 JUDGMENT 1.The Pongala festival of Chakkulathukavu Devi Temple in Alappuzha district is scheduled to be held on the first of December, 2009. That is a dry day as far as FL-1 and FL-3 licences are concerned. The petitioners, FL-3 licence holders who have their hotels on the western side of the MC road in Thiruvalla, challenge the selective imposition of ban on FL-1 and FL-3 licences in such a manner that while the shops on the western side of the MC road would have to stand closed today, the licence holders on the eastern side of that road are permitted to operate. 2.The petitioners point out that in connection with the Pongala festival, women line up on both sides of the MC road and therefore, it is illogical, irrational and hence arbitrary to impose ban on one side of the road only. It is also contended WPC.34307/09 2 that the Pongala festival being on 1.12.2009, it would be meaningless to impose ban for today, the 30th of November also. 3.Pongala festival has large gatherings of participants from the women folk. They cook and make offerings as part of the festival. They line up for that purpose. Merely because the Pongala festival is on 1.12.2009, it would be inappropriate to assume that the devotees would not reach well in advance having regard to the different Pongala festivals conducted in Kerala. At any rate, it would be unreasonable for this Court to assume, as against the views of the abkari authorities, that the area need not be excluded from sale of alcohol during the day previous to the Pongala. 4.This leads to the argument of the petitioners based on the issue of discrimination. It is argued that it would be irrational to exclude the licence holders on the eastern side of the road from ban while forcing the petitioners to keep their hotels WPC.34307/09 3 closed. It is pointed out that their FL-3 licences are essentially for classified restaurants. The mere fact that no ban is imposed on certain other establishments, is no reason for the petitioners to sustain a plea for hostile discrimination. The petitioners say that it would be imprudent to say that operators on one side of the road could be permitted to operate, if the object sought to be achieved is ensuring the prohibition policy. But that wisdom, either of the petitioners or of the court, would not be a reason to interfere with the matter in favour of the petitioners. For the aforesaid reasons, this writ petition is dismissed without prejudice to the petitioners seeking relief from abkari authorities on the aforesaid facts and circumstances, at least for the coming abkari years. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.1/12.