REGI KURIAKOSE Vs. SUPDT OF POLICE

JUDGEMENT

(1.) Petitioner is the licensee of a foreign liquor shop No. 88/98-99 of Vaikom Range. Petitioner submitted an application before the Assistant Excise Commissioner, Kottayam for opening the shop during the nights of 7.12.1998 to 12.12.1998 in connection with the Ashtamy Festival at Vaikom Mahadeva Temple. Application was recommended by the Circle Inspector of Excise, Vaikom Range. Assistant Excise Commissioner, Kottayam, then issued order No. K5-6068/98/L.Dis. dated 5.12.1998 under R.6(10) of the Kerala Abkari Shops (Disposal in Auction) Rules, 1974, hereinafter referred as the 'Rules', according sanction to keep open the shop for sale during the nights from 7.12.1998 to 12.12.1998 in connection with the Ashtamy Festival at Vaikom Mahadeva Temple.

(2.) Ashtamy Festival at Vaikom Mahadeva Temple is being celebrated every year with gay and gaiety. Large number of devotees, who come from far and near, participate in the Ashtamy Festival. Large number of women and children also come to the temple to participate in the festival. Processions are carried out inside the temple. Police personnel are used to be deputed in that area so as to maintain law and order. Petitioner who is conducting FL1 shop after getting the order of relaxation dated 5.12.1998 from the Assistant Excise Commissioner, produced the same before respondents 3 and 4, police officers, who took strong exception to the order. According to them, it would cause difficulties for maintaining law and order. There has been public agitation against the opening of the retail shop during nights from 7.12.1998 onwards. Apprehending that police would interfere with the functioning of the shop, petitioner has approached this Court seeking a direction to respondent 1 to 4 to give effect to Ext. P2 order issued by the Assistant Excise Commissioner, or not to cause any obstruction with regard to the functioning of the shop.

(3.) When Original Petition came up for admission on 9.12.1998, I felt prima facie the order cannot be sustained. Hence I directed the learned Government Pleader to get instructions in the matter. In the meantime, District Collector has passed an order on 10.12.1998 cancelling the order passed by the Assistant Excise Commissioner. It is profitable to extract the said order: