Toddy shop affects neighbour's privacy: Kerala HC

KOCHI

: Operation of a

toddy shop

would affect the right to privacy of neighbours and state government should specify conditions for conducting a toddy shop causing least inconvenience to the neighbours, said the

Kerala High Court

.

The observation was made by justice

A Muhamed Mustaque

on a petition (WP-C No. 25901/2018) filed by Vilasini C of

Valloor

near

Amayur

in

Palakkad

through advocate P Jayaram. She had challenged the order of Palakkad excise deputy commissioner’s to shift a toddy shop near to her residence.

Considering the petition, the court said it raises an important question regarding the privacy of persons living in a neighbourhood of a toddy shop. Many petitions are being filed by persons aggrieved by functioning of a toddy shop in their neighbourhood and there are petitions on the ground that toddy shops are set up without adhering to prescribed distance rules. The underlying concern in all these petitions was protection of their privacy, the court said.

In an interim order, the court said, “The operation of the toddy shop often would invade the right of neighbors. The environment around such toddy shop itself would create nuisance to the people living in the locality. The Right to Privacy was not treated as guaranteed fundamental right till the declaration in K.S. Puttuswami V. Union of India and Others. If toddy shop is not constructed or established in such a manner, protecting the privacy of the people living in such locality, it would amount to the encroachment of fundamental rights of the citizen. The State has to specify the conditions that are required to conduct a toddy shop causing least inconvenience to the people living in the locality.”

Considering the larger issue involved in the matter, the court has sought the assistance of advocates RT Pradeep and Ashok Kini as amici curiae. Further hearing on the matter will be held on October 30.

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