IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 37235 of 2008(G) -------------------------- PETITIONER(S): --------------- RATNAKUMARI, W/O.DEVADASAN AGED 57 YEARS, THATHWAMASI, MANGATTIRI, TIRUR, MALAPPURAM. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE REVENUE DIVISIONAL OFFICER, TIRUR, MALAPPURAM. 3. ASSISTANT EXCISE COMMISSIONER, MALAPPURAM. 4. THE EXCISE INSPECTOR, TIRUR EXCISE RANGE MALAPPURAM. SMT.K.R.DEEPA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.37235 OF 2008 ---------------------------------------- Dated this the 17th day of December, 2008 JUDGMENT The petitioner is aggrieved by the functioning of Toddy Shop No.12 of Tirur Excise Range, which is allegedly very close to the residence of the petitioner and others. The petitioner alleges that the Toddy Shop is functioning violating the distance rule contemplated under Rule 7(2)of the Abkari Shops Disposal Rules. Although presently that Toddy shop is functioning with licence for the year 2008-2009, the pe++7titioner now seeks a direction to the respondents not to issue fresh licence for the year 2009- 2010. The petitioner therefore seeks the following reliefs: “i) Issue a writ of mandamus or any other appropriate writs, orders of directions commanding the respondents not to issue licence to Toddy shop No.12 of the Tirur Excise Range, in the premises comprised in R.S.No.48/1of the Thalakkad Vilalge for the financial year 2009-10, as the said premises will coming within the prohibited distance contemplated under Rule 7(2) of the Abkari Shops Disposal Rules 2002; ii) Declare that the functioning of Toddy Shop No.12 of the Tirur Excise Range is within the W.P.(c)no.37235/2008 2 prohibited distance contemplated under Rule 7(2) of the Abkari Shops Disposal rules, 2002 as evidenced from Exhibit P2 report, and the functioning of the said shop in premises comprised in R.S.No.48/1 of the Thalakkad Village is illegal”. 2. I have heard the learned Government Pleader also. 3. I am of opinion that the matter can be disposed of with a direction to competent among respondents to hear the petitioner also while the question of granting of licence for the Toddy Shop No.12 of Tirur Excise Range for the year 2009- 2010 is being considered. Accordingly, the writ petition is disposed of with a direction to the competent among respondents to hear the petitioner also while considering the question of granting of licence to the Toddy Shop No.12 of Tirur Excise Range for the year 2009-2010. S. SIRI JAGAN, JUDGE Acd W.P.(c)no.37235/2008 3