IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 RP.No. 14 of 2008() ------------------- AGAINST THE JUDGEMENT IN WPC.27221/2007 Dated 19/11/2007 .................... REVIEW PETITIONER/4TH RESPONDENT: --------------------------------------------- SARATH CHANDRAN, S/O.GOPALAN, SATHYALAYATHIL, VARANAD P.O., KOKKOTHAMANGALAM, CHERTHALA. BY ADV. SRI.A.N.RAJAN BABU SRI.SUNITHA VINOD SRI.P.GOPALAKRISHNAN RESPONDENTS/PETITIONER, RESPONDENTS 1 TO 3 AND 5: ----------------------------------------------------------------- 1. SHAILANDRAN, S/O.KUNJAPPI, AGED 52, PADATHARA, SECRETARY, ANJILIKADU SOUTH SCHEDULED CASTE COLONY ASSOCIATION, AROOR, ALAPPUZHA DIST. 2. THE ASSISTANT EXCISE COMMISSIONER, ALAPPUZHA. 3. THE EXCISE RANGE OFFICER, EXCISE RANGE OFFICE, KUTHIYATHODU, ALAPPUZHA. 4. THE COMMISSIONER OF EXCISE COMMISSIONERATE, THIRUVANANTHAPURAM. 5. DISTRICT COLLECTOR, ALAPPUZHA. R1 BY ADV.SRI.M.K.CHANDRAMOHAN DAS. R2 TO R5 BY SR.GOVT.PLEADER SMT.ANU SIVARAMAN. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ALONG WITH WP(C).38254/2007 ON 14/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = R.P.14/2008 & W.P(C).38254/2007-D = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 14th day of January, 2008. JUDGMENT 1.The first respondent in the review petition filed WP(C).No.27221/2007 challenging the decision contained in the order dated 14-7-2007 issued by the Assistant Excise Commissioner, Alappuzha refusing to re-schedule the scheduled limits of T.S.No.13/2007-2008 of Anjilikkad of Kuthiyathodu Range. By that order, the Assistant Excise Commissioner had found it unnecessary to re-schedule the scheduled limits of the toddy shop during the current abkari year and has essentially deferred the consideration of the question to be with effect from the next abkari year. While considering that writ petition for hearing, the judgment dated 19-11-2007, which is sought to be reviewed, was issued in WP(C). RP14/08 & WPC38254/07 -: 2 :- No.27221/2007 directing that the needful, following the last paragraph of the order of the Assistant Excise Commissioner, shall be finalized before the end of February, 2008, without fail. 2.The review petition in hand is filed on the premise that the directions contained in the judgment sought to be reviewed may affect the right of the review petitioner, the fourth respondent in WP(C).No.27221/2007, to conduct the toddy shop in the scheduled limits during the current abkari year. That apprehension is quite misplaced because, the directions in the judgment dated 19-11-2007 were so issued only because the order of the Assistant Excise Commissioner was apparently specific that any re-scheduling of the limits would be only for the subsequent abkari years. 3.The fourth respondent in WP(C).No.27221/2007 has also filed WP(C).No.38254/2007 challenging the decision of the Assistant Excise Commissioner to RP14/08 & WPC38254/07 -: 3 :- the extent it could be considered as against his interest. However, any such adverse interest would also work out by the end of this abkari year because the scheduling of limits of a toddy shop is essentially within the prerogative of the Government, having regard to the fact that abkari is essentially a matter of State privilege and any privilege to vend liquor is left exclusively to the policy making and discretionary domain of the State, subject to the binding statutory provisions and rule of law regarding fairness in imposing the policy. So much so, it is quite clear that nothing contained in the order of the Assistant Excise Commissioner issued on 14-7-2007 would stand in the way of finally concluding the issue regarding the scheduling of the shop in question. The first respondent in the review petition, who was the writ petitioner in WP(C).No.27221/2007, who is the Secretary of the Anjilikkadu South Scheduled Caste Colony Association further points out that the schedule limits of the shop as they now stand are within an area where members of the Scheduled RP14/08 & WPC38254/07 -: 4 :- Castes and Scheduled Tribes inhabit and notwithstanding the fact that whether it has been identified as a Scheduled Caste colony, there is a good number of persons belonging to Scheduled Castes who are in the locality and they are being addicted to liquor. The learned counsel appearing for him also pressed into service certain reports stated to have been available with the District Collector and the Scheduled Castes Welfare Officer. These are not matters which require to gain the attention of this Court at this point of time because the decision of the Assistant Excise Commissioner issued on 14-7-2007 has been regulated by the directions contained in the judgment dated 19-11-2007 and any further re- scheduling of the limits of the toddy shop could be after affording an opportunity of hearing to Shailendran, the first respondent in the review petition, who was the petitioner in WP(C). No.27221/2007. Since the re-scheduling, going by the judgment sought to be reviewed, is to be considered by the end of February, 2008, it is RP14/08 & WPC38254/07 -: 5 :- also appropriate that the review petitioner, who is the writ petitioner in WP(C).No.38254/2007, is also heard in the matter, though his continued right to be heard would depend upon the question whether he is the licensee in question. 4.With the above-said clarifications as regards the judgment dated 19-11-2007 in WP(C).No.27221/2007, R.P.14/2008 and WP(C).38254/2007 are disposed of. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/