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Balakrishnan vs Kerala State

High Court Of Kerala|13 October, 2014
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JUDGMENT / ORDER

The grievance of the petitioner is regarding the closure of an FL-1 shop that was being conducted by the Kerala State Beverages Corporation, the first respondent herein. The said retail outlet was located at Ulikkal which, according to the petitioner is the sole outlet available for customers spread across 11 grama panchayats. The contention of the petitioner is that closure of the beverages outlet would only lead to widespread sale of illicit liquor. According to the petitioner, the retail shop itself was started for the purpose of resisting the menace of illicit liquor that was widely available in the area. The outlet was started because of persistent demands from the people of the locality. It is therefore alleged that, the closure of the beverages outlet is with the object of favouring the illicit arrack lobby that is very active in the area. 2. To a pointed question from the court as to whether the petitioner has any right that enjoys the protection of law, to insist that the FL1 outlet of the first respondent should not be closed, the answer of the counsel for the petitioner is that, he is not asserting any such right. It is not in dispute, that the beverages outlet has been closed pursuant to Ext.P3 G.O dated 30.9.2014. On the basis of the Abkari Policy formulated by the State Government for the year 2014-15, it has been proposed to close down 10% of the retail outlets of the first respondent, each year. Accordingly, as per Ext.P3 G.O 10% outlets have been directed to be closed down. The outlet in question is serial No: 33 in Ext.P3.
3. In the absence of any right inherent in the petitioner to insist that the FL1 outlet of the first respondent should not be closed down, I do not find any grounds to entertain this writ petition or to grant any of the reliefs sought for. The writ petition fails and is accordingly dismissed.
jj /True copy/ Sd/-
K. SURENDRA MOHAN Judge
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Title

Balakrishnan vs Kerala State

Court

High Court Of Kerala

JudgmentDate
13 October, 2014
Judges
  • K Surendra Mohan
Advocates
  • C P Peethambaran Smt Mini