IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 WP(C).No. 23906 of 2009(G) -------------------------- PETITIONER(S): --------------- T.D.VENU, S/O.LATE DIVAKARAN, THAIPARAMBIL HOUSE, THEKKUMPURAM DESOM, CHENNAMANGALAM VILLAGE, PARAVOOR TALUK. BY ADV. SRI.JAI GEORGE RESPONDENT(S): --------------- 1. THE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 2. DEPUTY COMMISSIONER OF EXCISE, THRISSUR. BY GOVT. PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.23906 OF 2009 ------------------------------------------- Dated this the 20th day of August, 2009 JUDGMENT The second respondent issued the impugned order on 11.8.2009 refusing to accede to the request of the petitioner regarding the identity of a building to house a toddy shop. While the Deputy Commissioner takes the stand that the building would be within the objectionable distance from an aided school, the petitioner would point out that he is entitled to the first proviso to Rule 7(2) of the Disposal Rules. He says that the shop was housed in the same building during the abkari year 2007-08. That may be a building available to him. But the petitioner has adequate alternate remedy before the Commissioner of Excise who is the competent authority in the hierarchy of the statutory authorities under the Abkari laws dealing with such matters. Without prejudice to that course of action, this writ petition is dismissed without expressing anything on the merits of the matter. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.22/8.