IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 WP(C).No. 12763 of 2009(M) ----------------------------------------- PETITIONER(S): ------------------------- KERALA VYAPARI VYAVASAI EAKOPANA SAMITHI, KAVANAD UNIT COMMITTEE, REPRESENTED BY ITS SECRETARY P.RAVI, RAVI STORES, KAVANAD, KOLLAM. BY ADV. MR.M.R.SUDHEENDRAN RESPONDENT(S): ---------------------------- 1. THE MANAGING DIRECTOR, KERALA STATE BEVERAGES CORPORATION, SASTHAMANGALAM, THIRUVANANTHAPURAM. 2. KOLLAM CORPORATION REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, KOLLAM. 3. SECRETARY TO GOVT. OF KERALA, DEPARTMENT OF EXCISE, SECRETARIAT, TRIVANDRUM. 4. SECRETARY TO GOVT. OF KERALA, DEPARTMENT OF LOCAL SELF GOVT., SECRETARIAT, TRIVANDRUM. 5. THE ASST.EXCISE COMMISSIONER, KOLLAM. R1 BY ADV. MR.ELVIN PETER P.J. R2 BY ADV. MR. C.UNNIKRISHNAN R3 TO R5 BY GOVERNMENT PLEADER SMT. K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.12763 of 2009-M = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 22nd day of May, 2009. JUDGMENT 1.The first respondent Beverages Corporation had an IMFL outlet with an FL-I licence operating in a building belonging to one Smt.B.Sheela. She wanted that building back. The Beverages Corporation, therefore, planned to shift the outlet to a shopping complex belonging to the Kollam Corporation. The Kollam Corporation appears to have acceded to the request of the Beverages Corporation for such shifting. 2.The Vyapari Vyavasayi Ekopana Samithi has filed this writ petition on the allegation that the shopping complex in question houses different commercial institutions and is also a place where women come to buy fish, vegetables and other WP(C)12763/09 -: 2 :- articles of daily use. It is also pointed out that there is a taxi stand and an autorickshaw stand in front of the shopping complex and it would be inadvisable and a public nuisance, if an IMFL sale outlet in the form of an FL-I shop is established. The petitioner moved this Court earlier and submitted that it would then be satisfied by a direction to the Beverages Corporation to consider the objections of the Vyapari Vyavasayi Ekopana Samithi. The Managing Director of the Beverages Corporation considered the representation of the petitioner, deputed an officer and obtained a report and after hearing the petitioner, refused to accede to the request against the proposed shifting. 3.The learned counsel for the petitioner very strenuously contended that the decision of the Beverages Corporation is irrational and the ground realities should have persuaded the authorities to decide against the proposed shifting. He also pointed out that the facts and WP(C)12763/09 -: 3 :- factors noticed above are sufficient enough to hold that there cannot be an FL-I IMFL outlet in the Corporation Shopping Complex at Kavanad in Kollam. 4.No statutory provisions or subordinate rules from among the abkari laws are pointed out in support of any objection that could be sustained against the running of an IMFL outlet in the form of FL-I shop in the premises in question. The question of any nuisance occurring by the mere running of the shop is not conceivable in the common course of conduct. All that could be done is sale and purchase and the consumer is prohibited from consuming the liquor either in the premises of the FL-I shop or in any other public place. If a situation to the contrary occurs, that is a matter for the law enforcing authorities to look into. But, that cannot be a ground for insistence that there cannot be an FL-I shop in the premises decided upon by the Beverages Corporation. I also do not find any serious attack on the views of WP(C)12763/09 -: 4 :- the Beverages Corporation as contained in the impugned order that there is a bar hotel in the nearby vicinity and the shop that is being shifted now was housed in a building (belonging to Smt.Shobha) hardly 500 meters away from the proposed premises. At any rate, I do not find any shred of right for the Vyapari Vyavasayi Ekopana Samithi to agitate in the writ court against a commercial decision of the Beverages Corporation which cannot be faulted in law. 5.At this juncture, the learned counsel for the petitioner pointed out that the permission to shift the locus of a shop could be granted only by the abkari authorities and the petitioner has made a representation to the competent abkari officer. It is clarified that this judgment does not stand in the way of the abkari authorities considering any of the lawful objections raised by the petitioner. In the result, subject to what is stated in the WP(C)12763/09 -: 5 :- penultimate paragraph of this judgment, this writ petition is dismissed. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/230509