V. P. Ibrahim Kutty v. Hotel Park Residence, rep. by its Managing Partner Sunoj Kurian
2017-06-06
DEVAN RAMACHANDRAN
body2017
DigiLaw.ai
JUDGMENT : (Prayer: Review Petition praying that in the circumstances, the High Court be pleased to stay the direction issued by this Honourable Court in the Judgment dated 16.05.2017 in WP (C) No.12822 of 2017 till the disposal of this Review Petition.) 1. Even though this review has not been admitted and leave to appeal has not been considered by me as prayed for by the petitioner, I deem it appropriate taking into account the submissions made before me today to make certain prefatory observations as under: 2. Pending this leave petition, I deem it necessary to clarify that none of my directions contained in the judgment sought to be reviewed wee intended to be construed that the Bars/Liquor Shops were to be opened. What I mean to say is that under the terms of my directions in the said judgment, the Deputy Excise Commissioners were obligated to consider each of the applications pending before them and to take a decision thereon taking into account the relevant factors as prescribed by the Hon’ble Supreme Court in State of Tamil Nadu v. V.K. Balu (2017 (1) KHC 26 (SC)). This empowers the respective Deputy Excise Commissioners to even reject the applications if they were informed by either the Public Works Department or any other authorities having jurisdiction over Highways that the stretches on which these shops are situated are either National Highways or State Highways. 3. It is strange that my directions have been interpreted by the Deputy Excise Commissioners to mean that it is intended to open such Bars/Liquor Shops. 4. I reiterate that the effect of my judgment is that the Deputy Excise Commissioners were obligated to consider all the factors and allow such operations, if legally permissible, or to reject the same if they had any suspicion on the basis of any valid notification under the National Highway Authorities Act that the roads continue to be National/State Highways. List this case tomorrow along with the connected cases.