IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 WA.No. 76 of 2009() --------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.766/2009 Dated 08/01/2009 .................... APPELLANT(S): PETITIONERS ------------------------- 1. PARK RESIDENCY, REP. BY ITS MANAGING PARTNER, SUNOJ KURIAN, G.H.ROAD, KOZHIKODE. 2. QUEENS' HOTEL, REP. BY ITS MANAGING PARTNER, K.J.BABY, ANNIE HALL ROAD,KOZHIKODE. 3. P.KANDANKUTTY & SONS, SEA QUEEN HOTEL, REP. BY ITS MANAGING PARTNER, P.AJITH KUMAR, BEACH ROAD, CALICUT. 4. HOTEL SASTHAPURI, REP. BY ITS MANAGING PARTNER, PEETHAMBARAN, M.M.ALI ROAD, KOZHIKODE. 5. HOTEL AMRUTHA, REP. BY ITS MANAGING PARTNER, JOSEPH K.THOMAS, I.G.ROAD, KOZHIKODE. 6. HOTEL MARIA, REP. BY ITS MANAGING PARTNER, A.C.JOSEPH, I.G.ROAD, KOZHIKODE. 7. HOTEL FORTUNE, REP. BY ITS MANAGING DIRECTOR, T.SREENIVAS, KANNUR ROAD, KOZHIKODE. W.A. NO.76/2009 8. J.J.AGENCIES PVT.LTD., REP. BY ITS MANAGING DIRECTOR, A.M.GOPALAN, AREYEDATHUPALAM, KOZHIKODE. 9. HOTEL MAHARANI, REP. BY ITS MANAGING PARTNER, KUNJU MICHAEL, JAIL ROAD, KOZHIKODE. BY ADV. SRI.A.SUDHI VASUDEVAN RESPONDENT(S): RESPONDENTS IN THE W.P.(C) -------------------------- 1. DISTRICT COLLECTOR, KOZHIKODE. 2. ASSISTANT EXCISE COMMISSIONER, KOZHIKODE. 3. CIRCLE INSPECTOR OF POLICE, KOZHIKODE. GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY, Ag.C.J. & V.GIRI, J. -------------------------------------- W.A.76 of 2009 ------------------------------------- Dated 12th January, 2009 JUDGMENT Koshy, Ag.C.J . Appellants/petitioners challenged Ext.P8 order of the District Collector and District Magistrate, Kozhikode whereby in exercise of powers under Section 54 of the Abkari Act he directed closure of all shops selling/serving all kinds of alcoholic drinks in Feroke and Kozhikode Excise ranges from 10 A.M. on 27/12/2008 to 10 P.M. on 29.12.2008 because of likely breach of peace on account of the pronouncement of judgment in the Marad murder case by Ext.P8 order. Petitioners' hotels were closed accordingly for three days. Petitioners apprehend that 64 accused were convicted and, therefore, sentencing of those accused will take long time. Petitioners are running star hotels and if the bar is closed, after paying huge abkari dues, it will be an unreasonable restraint on freedom to conduct the business. We quote Ext.P8 order as follows: “Commissioner of Police, Kozhikode City as per reference No.175.Camp/0CC dated 24.12.2008 requested that in view of proposed judgment in the Marad Case on 27.12.2008, all the establishments selling/serving all alcoholic drinks be closed in Marad, Beypore and W.A.76/2009 2 Panniyankara Police Station limits and informed that this would greatly reduce possibilities of all Law and Order situation arising in the aftermath of the judgment. Considering the above report of the Commissioner of Police for Preservation of the public peace and for maintaining Public Order, I Dr.A.Jayathilak IAS, District Collector and District Magistrate, Kozhikode in exercise of the Powers vested with me U/s.54 of Abkari Act hereby order to close all the establishments selling/serving of all kinds of alcoholic drinks in Feroke and Kozhikode Excise ranges from, 10 AM on 27/12/2008 to 10 PM on 29.12.2008.” Section 54 of the Abkari Act only enables the District Collector to close down a shop for the sake of public peace. Section 54 reads as follows: “54. Closing of shop for the sake of public peace:- It shall be lawful for the District Magistrate by notice in writing to the licensee, to require that any shop in which liquor or any intoxicating drug is closed at such times or for such period as he may think necessary for the preservation of the public peace. If a riot or unlawful assembly is apprehended or occurs in the vicinity of any such shop, it shall be lawful for any Magistrate, or for any Police Officer who is present, to require such shop to be kept closed for such period as may be necessary.” Ext.P8 order was passed apprehending law and order situation on the recommendation of the Commissioner of Police as stated specifically in the second paragraph of Ext.P8 and the basis for such an W.A.76/2009 3 apprehension is the report of the Commissioner of Police. First part of the order contains the report of the Police Commissioner that in view of the proposed judgment in Marad case on 27.12.2008, all establishments selling/serving all alcoholic drinks be closed in Marad, Beypore and Panniyankara Police Station limits. So, the police only requested closure of liquor shops in Marad, Beypore and Panniyankara Police Station limits. Admittedly, none of the hotels of the petitioners are situated within the limits of those police stations. Therefore, we modify Ext.P8 order. There should be a report of the police or some basis for the District Magistrate to pass orders under section 54 of the Abkari Act. When petitioners are conducting bars after paying heavy licence fees, only on very reasonable grounds they can be asked to be closed. Petitioners' bar hotels which are not situated in the above three police station limits where police apprehends law and order situation should not be directed to be closed at the time of pronouncement of judgment in Marad case. The appeal is disposed of accordingly. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE tks