IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 9TH MAY 2008 / 19TH VAISAKHA 1930 WP(C).No. 14144 of 2008(H) PETITIONER: M.IBRAHIM PILLAI, PRESIDENT, KARAMANA MUSLIM JAMA-ATH, KARAMANA, TRIVANDRUM-2. BY ADV. SRI.A.AHZAR RESPONDENTS: 1. STATE OF KERALA, REP.BY SECRETARY, TAXES(A)DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM. 2. THE EXCISE COMMISSIONER, TRIVANDRUM. 3. THE ASST.EXCISE COMMISSIONER, TRIVANDRUM. 4. THE C.I.OF EXCISE, TRIVANDRUM. 5. HOTEL SABARI PARK, TC-17/1744, POOJAPPURA, TRIVANDRUM DIST. REP.BY ITS PROPRIETOR. BY GOVERNMENT PLEADER SRI.T.T.MAHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.14144 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of May 2008 JUDGMENT Grievance of the petitioner is that the Excise Department is likely to issue FL-3 license to respondent No.5 to start a Bar within the prohibited distance of the Masjid under the control of the petitioner. 2. Learned Government Pleader, after getting instructions, submits that the contentions raised by the petitioner in Ext.P1 will be considered by the department with an open mind and in accordance with the statutory rules and regulations. License will be issued only, if respondent No.5 is entitled to get it under law. It is also submitted that respondent No.4 has been asked to conduct an enquiry and file a report, which is awaited. In the above facts and circumstances, writ petition is disposed of with a direction to respondent No.2 to consider and pass orders on Ext.P1 strictly on its merit and in accordance with 2 law after affording sufficient opportunity to the petitioner to be heard. Needless to mention that respondent No.5 shall also be heard before any decision is taken in the matter. (A.K.BASHEER, JUDGE) jes