KOCHI: The Supreme Court’s (SC) ban on beer and wine parlours will not affect shops along the stretch of road between Thiruvananthapuram and Cherthala and Kannur-Vengalam-Kuttipuram as they are not part of national highways, held the Kerala High Court (HC).
The court issued the order considering the amended notification issued by the Centre in exercise of the powers under Section 11 of the national highways authority of India, 1988 which omitted it from the list of national highways.
The petitioners submitted that the Union government had amended the earlier notification in 2014 omitting the Kannur-Vengalam-Kuttipuram from the list. Since the stretch ceased to be a highway when the SC had delivered its judgment, the authorities were not justified in interdicting them from operating their shops/bars. The rigor of the SC’s directions would apply only to notified national/state highways.
The court said that it found considerable force in the submission of the petitioners and observed that SC directions would not be applicable to the road. However, the other directions relating to distance and direct access from any other national/state highway would obviously be relevant, the court held.
It also directed deputy commissioner of excise, having jurisdiction over the area in which the petitioners' shops/bars are situated, to consider the claim of the petitioners to continue to vend liquor based on renewed licences they are holding strictly in terms of the SC directives.
The court issued the order on the petition filed by Hotel Park Residency, Koyilandy and others seeking to renew the Fl-11 licences.
In another petition filed by Hotel Astiya Grande, Kallambalam and others, the HC held that the Cherthala-Oachira-Thiruvananthapuram road, no longer a national highway, the rigor of the SC’s directions would not be applicable to the road.
The court also directed the deputy commissioner concerned to consider the claim of the petitioners.