AYODHYA REGENCY Vs. STATE OF KERALA

JUDGEMENT

(1.) In this writ petition, the petitioners assert to be holding validly renewed FL-11 licences under the provisions of the Kerala Abkari Act for the year 2017-18. The petitioners have approached this Court because the authorities have, on account of the directions of the Hon'ble Supreme Court in State of Tamil Nadu v. V.K.Balu,2017 1 KHC 26(SC)), restrained them from operating their shops/Bars to vend liquor. They say that they are not hit by the rigor of the directions of the Hon'ble Supreme Court, since their shops/Bars are not situated on National/State Highways, are not visible from such highway, do not have direct access from such highways and that they are over 500 metres away from the most proximate National/State Highway. WPC 16701/17 2

(2.) I notice the specific averment of the petitioners that the authorities have refused to allow them to operate under the renewed licences on account of the fact that the petitioners' shops/Bars are situated on roads which are either part of Kuttippuram-Edappally 318 to 438 kms or are situated in close proximity to it. The authorities, the petitioners assert, seem to be under the impression that since this stretch of road is a National Highway, the rigor of the directions of the Hon'ble Supreme Court in V.K.Balu would apply to the petitioners also. The petitioners avouch, on the strength of certain notifications, that this stretch of road is no longer a National Highway and on such avowal, they have filed these writ petitions seeking directions against the respondents to permit them to continue their business on the strength of the renewed licences.

(3.) I have already delivered a judgment on 12.05.2017 in certain other matters, wherein I have set forth the basic parameters and protocol, which the authorities have to follow, while causing the examination or evaluation of the factors prescribed by the Hon'ble Supreme Court. Before I go forward, it will be fructiferous to read the directions of the Hon'ble Supreme Court, which are as under: