Excise Commissioner Has Ordered Relocation Or Closure Of BEVCO Outlet Situated In Residential Area: Govt Tells Kerala High Court

After several residents of Pothencode in Thiruvananthapuram District approached the Kerala High Court against nuisance created due to operation of a BEVCO (Kerala State Beverages (Manufacturing & Marketing) Corporation) outlet in their area, Excise Commissioner Mahipal Yadav has issued an order directing either relocation or closure of the outlet.

Govt pleader Jacob E.Simon informed Justice Devan Ramachandran that the outlet will be removed from the area within a month.

The petitioners said they were constrained to approach the Court as the area Sub-Inspector had expressed his helplessness in the matter. They averred the situation is so grim that senior citizens and women residing in the area are scared to even step out of their homes. Petitioners also cited the instance of an alleged physical altercation between the 1st petitioner and the outlets customers, after the former objected to customers thronging at the entrance of his residence.

"It is submitted that the petitioners right to life which is enshrined and guaranteed under Article 21 of the constitution of India is being trampled upon by the nuisance, blockades, trespassing into private property and disruption of the petitioners’ peaceful day to day life caused by the crowd of customers gathered to buy alcohol from the FL-1 SHOP-1029 outlet," the plea averred.

The petitioners relied upon the decisions in Prasanth Babu v. Kannur Kalluchethu Vyavasaya Thozhilali Sahakarana Sangom (2010), My Hindusthan Paints & Ors. v. State of Kerala & Ors. (2017), and Ganapathy Iyer & Ors. v. State of Kerala & Ors. (2018), to buttress their argument that no Foreign Liquor outlets are to be permitted in residential areas and that the said outlets ought not cause any disruption of peace or tranquility in the area. The petitioners added that the Excise Commissioner is vested with the authority to remove any foreign Liquor 1 shop from any place for reasons recorded in writing. 

When the matter was first taken up in November last year, the Court was of the prima facie opinion that continuation of the liquor shop in the area appeared to be untenable.

"This is because, even as per the Excise Commissioner, there are times when the petitioners will face real risks and detriment on account of the vehilces and the people visiting the shop and this cannot be brushed aside by saying it is 'only rare'. Even if it happens once in a year, it is a matter of concern which the Excise Commissioner must address in terms of the statutory scheme," the Court had observed. 

The plea was moved through Advocates Santhosh Mathew, Abi Benny Areeckal, Arun Thomas, Jennis Stephen, Karthika Maria, Anil Sebastian Pulickel, Jaisy Elza Joe,  Leah Rachel Ninan, Mathew Nevin Thomas, Karthik Rajagopal, Nanda Sanal, Sanita Sabu Varghese, Manasa Benny George and Kurian Antony Mathew. Government Pleader Jacob E.Simon, Government Pleader Parvathy K. and Standing Counsel for BEVCO Naveen T. appeared on behalf of the respondents. 

Case Title: Aslam Ahammed S.R. & Ors. v. State of Kerala & Ors. 

Case Number: WP(C) NO. 10500 OF 2022(J)

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