Kochi: Kerala High Court has held that as the stretch between Thiruvananthapuram and Cherthala and Kannur-Vengalam-Kuttippuram are not National Highways, the apex court ban on beer and wine parlours will not affect outlets there.
Court passed the order while considering a notification by the Centre omitting the two stretch from the NH list.
The court considered the amended notification issued by the Union government in the exercise of the powers under Section 11 of the National Highways Authority of India Act, 1988.
It also directed the deputy commissioner of excise having jurisdiction over the area in which the petitioners' shops/bars are situated, to consider the claim to continue to vend beer and wine based on the renewed licences they are holding strictly in terms of the SC directives.
The bar and wine parlours submitted that the Union government had amended the earlier notification in 2014 omitting Kannur-Vengalam-Kuttippuram stretch from the NH list. Since the stretch ceased to be a highway at the time when the SC had delivered its judgment, the authorities were not justified in interdicting them from operating their shops/bars.
The rigour of the SC directions would apply only to notified national/state highways. The HC found considerable force in the submission of petitioners and observed that the apex court guidelines would not be applicable here. However, the other directions relating to the distance from any other highways and direct access from any other would obviously be relevant. The court issued the order on the petition filed by Hotel Park Residency, Koyilandy, and others seeking to renew the Fl-11 licences.
