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Kerala HC upholds ban on bars; relief to 4,5-star hotels

Liquor will now be available only in the eight heritage and 33 four-star hotels, besides the 21 five-star hotels in the state

BS Reporter Kochi
Partially upholding the new Abkari policy of the state government, Kerala high court today has directed the closure of bars in the two-star and three-star categories, while it has allowed the operations of five and four-star bars and those falling under the heritage category.

Liquor will now be available only in the eight heritage and 33 four-star hotels, besides the 21 five-star hotels in the state. The three and two-star hotels form the majority of the bar restaurants in the state.

High court Justice K Surendra Mohan gave the verdict today on a plea of the Kerala Bar Hotel Owners Association, which sought the court’s permission for operating the bars. The association has sought relief from the apex court, which had sent it back to the lower court.
 
The new liquor policy of the Kerala government, aimed at achieving a complete prohibition in the state in a phase-wise manner, allows for liquor sales in 21 five-star hotel bars, while all other bars in the state would have to be close from September 12. Through the policy, the state government had limited the sale of liquor to five-star bar hotels and government-run retail outlets.

Earlier, the SC has allowed the operations of 372 bars across Kerala till the high court passes its order. It however had directed the high court to issue an order by September 30. Later, on a plea of the bar hotel owners, Supreme court allowed the bars to open till the verdict is out.  

The verdict has come as a partial relief to the government. Chief minister Oommen Chandy has said the verdict was not a setback to the government. Chandy said the government would take further action after wide-consultations in the Congress party and in the United Democratic Front (UDF).

The Kerala Bar Hotel Owners Association today announced it would appeal against the verdict.

State excise minister K Babu too said the verdict was no setback to the State government’s liquor policy. “We will study the verdict and decide the next course of action,” said Babu.

State Congress president, VM Sudheeran, welcomed the verdict and said, “we will see what we can do to bring the four-star hotel bars also out of the present list, and for that, we will seek the legal recourse,” said Sudheeran.

Court rejects bar owners plea for two-week relief
The Single Bench of the Kerala high court rejected a petition urgently moved by the bar hotel owners praying for a cooling time of two weeks to close the bars.

After the verdict of Justice K Surendra Mohan, bar hotel owners had submitted a petition in the same court to get two weeks relief to wind up the bars. The bar owners argued they had to file an appeal in the division bench, and for that, they need two-weeks time. However, the court rejected it.

Following the HC ruling, state excise department has initiated action to shutdown 679 bars in the state. These bars will cease to function from Thursday midnight.

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First Published: Oct 30 2014 | 8:38 PM IST

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