IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 20711 of 2008(S) ---------------------------------------------- PETITIONER: ------------------- MURALEEDHARAN, ANEDATH VEEDU PUTHAMBALY PO. GURUVAYOOR, PIN-680103. BY ADV. SRI.DINESH R.SHENOY RESPONDENTS: ----------------------- 1. THE GOVERNMENT OF KERALA, REP. BY THE SECRETARY, DEVASWOM DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 2. THE EXCISE COMMISSIONER, O/O.EXCISE COMMISSIONER, THIRUVANANTHAPURAM 3. THE ASSISTANT EXCISE COMMISSIONER, O/O.ASSISTANT EXCISE COMMISSIONER, GURUVAYOOR. 4. THE ADMINISTRATOR, GURUVAYOOR DEVASWOM, GURUVAYOOR 5. HOTEL MAYURA RESIDENCY, PADINJARE NADA, GURUVAYOOR, REP. BY ITS PROPRIETOR. R1 TO R3 BY SR.GOVERNMENT PLEADER SMT.K.MEERA ADV.SRI.V.KRISHNA MENON THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- W.P.(C)No.20711 of 2008 ------------------------------------------ Dated, this the 18th day of July, 2008 JUDGMENT H.L.Dattu, C.J. Petitioner is an ardent devotee of Lord Guruvayoorappan. He is aggrieved by the move on the part of respondents 2 and 3 to allow four foreign liquor Bars within the ring road in the temple town of Guruvayoor, ignoring the sentiments of the public and the religious people. 2. Fortunately for us, the petitioner himself has stated in the writ petition that there are already three Bar Restaurants, one retail liquor sale outlet of the Bewerages Corporation and a toddy shop within the Ring Road within the temple town of Guruvayoor. 3. In our view, if for any reason, the petitioner was of the opinion that to safeguard the sanctity and holiness of the temple no abkari shops should have come either in the ring road or in the temple town of Guruvayoor Temple, he would have objected to it at the initial stages itself and would have prevented the authorities under the Act in issuing licence for three Bar Restaurants, one liquor sale outlet of the Bewerages Corporation and the toddy shop. 4. Petitioner is aged about 54 years. He is fully aware of the W.P.(C)No.20711 of 2008 2 number of Bar Restaurants and the toddy shop which have come in the area. If he had raised a little finger of his, when the licence was granted to those shops, we could definitely understand that the petitioner is seriously interested in preventing any Bars coming nearer to the temple. Therefore, we suspect the bona fides of the petitioner in filing this writ petition. 5. Therefore, in our opinion, the reliefs sought for by the petitioner in this writ petition cannot be granted by us. However, we only observe, that the respondent authorities while granting any new licence for Bar Restaurants, toddy shops etc., in the precincts of the temple will take into consideration the distance Rules and also the other statutory provisions provided under the Act and also the objections that may be raised by the general public. With these observations, the writ petition is disposed of. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns