IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 WP(C).No. 4448 of 2011(E) ------------------------------------- PETITIONER: ------------------- THE KERALA STATE BEVERAGES CORPORATION, SASTHAMANGALAM, THIRUVANANTHAPURAM, REPRESENTED BY THE REGIONAL MANAGER, ON BEHALF OF THE MANAGING DIRECTOR. BY ADV. SRI.ELVIN PETER.P.J, S.C,BEVERAGES CORPORATION. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY, BY PRINCIPAL SECRETARY TO GOVERNMENT (TAXES), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN - 695 001. 2. THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM PIN - 695 001. 3. THE DEPUTY COMMISSIONER OF EXCISE, PATHANAMTHITTA. PIN - 689 645. 4. THE DISTRICT COLLECTOR, PATHANAMTHITTA. PIN - 689 645. R1 TO R4 BY GOVT. PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.4448 of 2011 ---------------------------------------- Dated 11th February, 2011 JUDGMENT The petitioner who is the Regional Manager (Central) of the Kerala State Beverages Corporation Ltd. filed this writ petition challenging Ext.P1. Ext.P1 is an order passed invoking the power under section 54 of the Kerala Abkari Act. It is evident from Ext.P1 that the said order was passed in connection with the 116th Session of Maramon Convention which is scheduled to be held at the banks of river Pampa at Maramon from 13.2.2011 to 20.2.2011. Evidently, on getting a request from the General Secretary of the Convention the fourth respondent called for reports from the Superintendent of Police, Pathanamthitta as also from the Deputy Commissioner of Excise, Pathanamthitta. After taking stock of the situation they reported that there is possibility of antisocial and other miscreants taking advantage of the situation after consuming alcohol. Therefore, they reported that it is desirable to prohibit sale of liquors for maintaining proper law and order in the proximity of the convention area. After consideration of the said reports, taking into account the interest of safety and security of the public including a large number of women and children who may throng at the place of convention and on the roads WP(C).No.4448/2011 2 leading to the convention area, the said order was passed by invoking the power under section 54 of the Act. After consideration of the aforesaid situation and also the reports mentioned above, as per Ext.P1, the period from 13.2.2011 to 20.2.2011 was declared as dry days for liquor shops and toddy shops in and around one kilometre from the Maramon Convention area. Evidently, Ext.P1 order would reveal that the said order was passed applying mind to the attending circumstances to avoid breach of peace and public tranquility. In fact, I had occasion to consider a similar writ petition (W.P.(C)No.3764 of 2011). Consideration of all the aspects of the matter the said writ petition was dismissed. In view of the said position, I am of the view that there is no merit in this writ petition and accordingly, it is dismissed. Sd/- C.T.RAVIKUMAR Judge TKS // true copy // P.S to Judge