K.G. PURUSHOTHAMAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THESE Writ Petitions were moved urgently as today motions before me yesterday, 24-09-2012. Since the matter was represented to be urgent, they were posted today with directions to the learned Government Pleader to get instructions in the matter. It is agreed by all concerned that the cases can be finally heard, considering the fact that the impugned order would work itself out by 26-09-2012. Therefore, they have been finally heard.

(2.) THE petitioners in both these writ petitions are conducting Bar attached hotels. THEy are aggrieved by prohibitory orders issued by the District Collector, Kollam dated 18-9-2012, ordering that all liquor shops, toddy shops and other establishments selling or serving liquor within the limits of Karunagappally and Oachira Police Stations shall remain closed on 26-9-2011 and 27-9-2011. THE order has been issued in view of the 'Oachira Kalakattu Utsavam' that falls on 26-9-2012 and the 59th birthday of Matha Amrithanandamayi that is being celebrated on 27-9-2012. THE very same order produced as Ext.P7 in W.P.(C) No.22059/2012 and Ext.P5 in W.P.(C) 22100/2012 is under challenge in both these writ petitions. Since the issues involved are identical, these writ petitions, are considered and disposed of together.

(3.) THE above power is conferred on the District Magistrate for the purpose of ensuring that public peace is maintained. THE scope of the above provision as well as the manner in which the power is to be exercised has been the subject matter of challenge before this court on a number of occasions. THE counsel for the petitioners have placed particular reliance on a decision of a learned Single Judge of this court, in Sulekha Vs. State of Kerala (2008(2) KLT 23). It has been held in the said decision that 'the power of the District Magistrate under Section 54 of the Abkari Act can be exercised only on the basis of appropriate Police reports that would inspire a District Magistrate to issue an order under the said provisions'. Relying on the said observation, it is contended by the counsel for the petitioners that in these cases, it cannot be said that there has been a proper Police report.