IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 WP(C).No. 26729 of 2009(I) ------------------------------------- PETITIONER: ------------------- VELLARADA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, SELVARAJ, SON OF ISSAC, AGED 54, VELLARADA, PANACHAMOOD.P.O., THIRUVANANTHAPURAM. BY ADV. MR.J.S.AJITHKUMAR. RESPONDENTS: ------------------------ 1. THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. 2. BINU, SON OF VALSALAN, AGED 33, CONVENOR OF BENEFICIARY COMMITTEE, VELLARIKUNNU, NIRAPPIL VEEDU, KUTHALI, PUTHAN P.O., VELLARADA, THIRUVANANTHAPURAM-695 512. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, TRIVANDRUM. R1 & R3 BY GOVT. PLEADER MR. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/09/2009, ALONG WITH W.P.(C). NO. 26680/2009 AND CONNECTED CASES,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NOs.26700, 26701, & 26786 OF 2009 ............................................ DATED THIS THE 23rd DAY OF SEPTEMBER, 2009 JUDGMENT The petitioners in these writ petitions are holders of FL-3 licence under the Foreign Liquor Rules. The abkari and police authorities insist that they close down their shops in obedience to Rule 28A(vi) of those rules. This is under challenge. 2. The plea of the petitioners is that the bye-election in relation to which the proposal for closure is insisted is only as regards a particular ward, viz, Ward No.13 of Budhanur Grama Panchayat and therefore there could be no restriction in the operation of Bar Hotels with FL-3 licence within the limits of Chenagannur Municipality. 3. A fact over which there is no dispute is that the counting of the votes is scheduled to be held in the Vocational Higher Secondary Girls High School in Chengannur, which, on query by this court to the learned counsel appearing for the petitioners, is stated to be within a distance of less than 2 kms from the respective Bar Hotel. The petitioners rely on an interim order Wpc 26700/09 & conn. 2 granted by this court in a different case. That would have related to the polling or any activity in relation to the election within the panchayat limits. But in the case in hand, while the election relates to Budhanur Grama Panchayat, the counting of votes is scheduled to be held within the limits of the Chengannur Municipality. Clause (vi) of Rule 28A provides for closure of Foreign Liquor shops on the day of poll, the day preceding that day, the day of counting of votes and the day succeeding that day. The relevance of such a closure is relatable to the activities that would be going on within the respective areas, in connection with the election. The requirement to keep the shops closed on the date of counting and on the succeeding day is necessarily the requirement of ensuring a hustle free surroundings in the area where the counting takes place. The result of the election, when declared, would generate the reactions of the mass either in support of the elected candidate or otherwise. These are reasonably conceivable situations. Therefore, when a closure is ordered in connection with the counting of votes, the situs of counting of votes is the relevant consideration and when the counting of votes is being held outside a panchayat limit, there is Wpc 26700/09 & conn. 3 no inhibition under the rule for the statutory authority to insist that the closure shall be of shops which are easily accessible from the place fixed for counting of votes, even if it be away from the Local Self Government Institution, to which election is being held. In the aforesaid regard, I do not find any merit in these writ petitions. They fail and are accordingly dismissed in limine. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/23/9