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Judgment
15 paragraphs · 297 wordsSathish Ninan, J
Order passed by the 4th respondent under Section 54 of the Abkari Act directing closure of liquor outlets within an area of two kilometres of St.
Andrews Basilica, Arthunkal, on 19.01.2022, 20.01.2022, 26.01.2022 and 27.01.2022 in connection with the annual festival of the church, is under
challenge in this writ petition by the licencees of toddy shops.
Heard Sri.M.G.Karthikeyan, learned counsel for the petitioner and Sri.Bimal K. Nath, learned Senior Government Pleader.
The order(Ext.P1) has been passed based on the report of the Deputy Excise Commissioner and on the request of the Vicar of the Church. The
learned Senior Government Pleader, on instructions, submits that the church is situate adjacent to sea; huge gatherings will be there in connection with
the festival and that there had been earlier instances where, after consuming liquor, people go into the adjacent sea and result in untoward incidents.
It is noticed that on earlier occasions also, in connection with the church festival, restrictions were imposed on the functioning of liquor shops. As
per Ext.P1 order restraint has been imposed on the functioning of the shops for four days. In the wake of the current Covid pandemic and the
consequential restrictions on gatherings as is presently imposed, it cannot be said that there would be such a huge gatherings as in case of previous
years.
In the peculiar factual situation as above, I am of the opinion that it would be sufficient if the restriction is confined to two dates viz. 20.01.2022 and
27.01.22. The shops can be permitted to function on 19.01.2022 and 26.01.2022. However, it is clarified that this shall be without prejudice to the right
to invoke powers under the second part of Section 54, if a situation as mentioned therein emerges.