SULEKHA S Vs. STATE OF KERALA

JUDGEMENT

(1.) An interim order was passed in these cases on 17/12/2007, which reads as follows:

(2.) As per the impugned order dated 03/12/2007, the District Magistrate, in purported exercise of power under S.54 of the Abkari Act has ordered closure of the bar hotels, including in the adjoining areas of Edamulackal Grama Panchayat and Elampalloor Grama Panchayat.

(3.) R.28A of the Foreign Liquor Rules is a self working provision which does not depend upon any further order being issued by any authority. Condition No. 20A in the FL-3 licence is in pari materia with the aforesaid provision. By virtue of that, the licensed premises for sale of liquor, shall remain closed on, among other days, the day of poll and the day, preceding that day of bye elections to Panchayat constituencies and on the day of counting of votes and the succeeding day. A plain reading of Clause (vi) under R.28A of the Foreign Liquor Rules would show that it applies eo instanti the declaration of the election and it extends only to the territorial limits of the constituencies, to which bye elections are notified. This means that the closure by the operation of that Rule will extend only within the limits of the territory of the constituency in the Ward in relation to which the bye election is to be held. By the operation of that Rule, there would not be any closure order or prohibitory order in relation to the adjoining area. That Rule also does not empower the extension of such closure or prohibition beyond the area that is statutorily prescribed by that Rule.