No Violation Of Right To Privacy Just Because Peaceful Residence Is Affected: Kerala HC On Toddy Shops In Residential Areas

By – Rakshita Jain

On a very serious note, the Kerala High Court stated that its time to convert every toddy shops that were not constructed in the state to protect the privacy of people, which can be a trespass on the citizen’s fundamental rights, on Thursday.

As non-implementation of courts order leads to a contempt of court case as it was courts order to ensure infrastructure facilities in toddy shops. The Excise Commissioner was ordered to share his views on converting existing toddy shops to walk-in-shops till 9 November by Justice Devan Ramachandran.

The Court said that the Right to Privacy is a fundamental right as it creates a nuisance to the citizens living in the neighborhood influenced by the toddy shop.

After a petition has been filed against these major issues by the excise commissioner on 29 October 2019. The Kerala High Court has appointed two lawyers, Advocate Ashok Kini and Advocate RT Pradeep, as an advisor to the Court to examine the problem of toddy shop working in residential areas precisely. After this issue, major steps are taken into consideration to make sure that sufficient infrastructure at liquor shops is said by the court in an interim order.

Although, the report by the excise commissioner does not mention this even court’s original judgment had words with authorities about “sufficient alerted” in the year 2017.

The Court stated till now no action appears to be taken against this major issue after being told and asked about the same to excise commissioner. The managing director of the Kerala State Beverage Corporation (Bevo) has also been made a party in party in the case.

During the case hearing, the Court said walk-in-liquor stores will solve issues of the people or citizens who don’t want liquor shops nearby residential areas. As people are forced to line up on the streets, even current vents are very small and dingy, and even it’s impossible for women and children to walk in these areas, the Court said.

As per the current distance rules, no liquor stores are given permission within the area of 400 meters of schools, temples, mosques, projects areas, SC/ST colonies. Therefore, Kerala is not mentioned in the government rules in residential areas. Even a number of priests came to light against this issue of toddy shops functioning in the residential areas. There are 5,185 licensed toddy shops across Kerala as per the Excise Department.

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