IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 WP(C).No. 23228 of 2006(M) -------------------------- PETITIONER: ------------------ P.RAJAN, S/O.KUNJAN, AGED 40 YEARS, PALAKKUZHIYIL HOUSE, P.O.VALAMBUR, ANGADIPURAM VILLAGE, MALAPPURAM DISTRICT. BY ADV. SRI. S. P.CHALY RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY EXCISE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM, MALAPPURAM DISTRICT. 3. THE ASSISTANT EXCISE COMMISSIONER, OFFICE OF THE ASSISTANT EXCISE COMMISSIONER, MALAPPURAM. R1 TO R3 BY GOVERNMENT PLEADER SRI. NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Scl. WP(C).No. 23228 of 2006(M) APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF THE ABKARI LICENSE ISSUED TO THE PETITIONER DURING THE YEAR 2002-03 AND RENEWED CONTINUOUSLY FOR THE PERIOD OF 2005-2006 P2: TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 21.8.2006. P3: TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 24.4.2006. P4: TRUE COPY OF THE JUDGMENT IN OP 12390/03 DATED 25/6/2003. P5: TRUE COPY OF THE O.P.(C) NO. 1765/05 DATED 6/5/05. RESPONDENTS' EXHIBITS: NIL TRUE COPY PA TO JUDGE Scl. S.SIRI JAGAN, J ---------------------------------- W.P.(C) No.23228 of 2006, ------------------------------------ Dated this the 16th day of November, 2011. JUDGMENT The petitioner is a licensee of a toddy shop in Malappuram Excise Division. Petitioner has been conducting the toddy shop for the last 22 years, during which time, there was no objection from any corner in respect of the toddy shop or the location thereof. From 2004 onwards, some people started “dharna” in front of the toddy shop and the petitioner obtained a direction for police protection from this Court as per Ext.P4 judgment for smooth conduct of the toddy shop. In 2005 also, the same situation arose and the petitioner again obtained Ext.P5 judgment for police protection. Thereafter, the respondents 2 and 3 issued Ext.P2 and Ext.P3 orders directing the petitioner to shift the toddy shop to some other location. It is under the above circumstances, the W.P.(C) No.23228 of 2006 2 petitioner has filed this writ petition seeking the following relief: “to issue a writ of mandamus calling for the files leading to the issue of Exhibits P2 and P3 orders examine their legality, propriety and quash the same.” 2. A counter affidavit has been filed wherein the only stand taken is that the direction was issued only because of the public agitation. Once a license has been issued for conducting a toddy shop after approving the location, simply because there is some public agitation, that is no ground for directing relocation of the toddy shop. Insofar as in this case, the direction to relocate the shop is on account of public agitation, I am of the opinion that Ext.P2 and Ext.P3 cannot be implemented. This Court had granted interim stay of the impugned orders which still continues. In the above circumstances, Ext.P2 and P3 orders were quashed. The writ petition is allowed as above. S.SIRI JAGAN JUDGE su