IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 WP(C).No. 9586 of 2010(W) ------------------------- PETITIONER(S): --------------- 1. BENNY KURIAN, S/O. KURIAKOSE, AGED 42 YEARS, KALLIRIKKUMKALAYIL HOUSE,MADHURAVELI KARA, MUTTUCHIRA VILLAGE, VAIKOM TALUK. 2. JOY, S/O. JOSEPH, AGED 52 YEARS, MUNDACKAL HOUSE,MADHURAVELI KARA, MUTTUCHIRA VILLAGE, VAIKOM TALUK. 3. JOHN JOSEPH, S/O. JOSEPH, AGED 52 YEARS, KALLIRIKKUMKALAYIL HOUSE, MADHURAVELI KARA, MUTTUCHIRA VILLAGE, VAIKOM TALUK. BY ADV. SRI.K.J.JOSEMON SRI.MATHEW SKARIA RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF EXCISE, SECRETARIAT, THIRUVANANTHAPURAM,PIN-685605. 2. THE DEPUTY COMMISSIONER OF EXCISE, KOTTAYAM. 3. THE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. MR.V.MANU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.9586 of 2010 (W) --------------------------------- Dated, this the 23rd day of March, 2010 J U D G M E N T Prayer sought in the writ petition is to direct respondents 1 to 3 not to conduct auction of TS No.37/09-10 in Group No.VII of Kaduthuruthy Excise Range for the reason that the present site is an objectionable one. 2. The question whether the present location of the shop is an objectionable site or not, is primarily for the departmental authorities to consider, and if so, it is for them to take appropriate action for remedying the situation. It is seen that the petitioners have moved Exts.P1 & P2 representation before respondents 2 & 3 in this matter, and having regard to the pendency of the above representations, I feel it is only appropriate that these representations are dealt with due expedition. 3. In view of the above, I direct the 2nd respondent, before whom Ext.P1 representation has been made, to consider the same and pass orders thereon, with notice to the affected parties. This WP(C) No.9586/2010 -2- shall be done immediately on the production of a copy of this judgment. The petitioners shall produce a copy of this judgment along with a copy of this writ petition before the 2nd respondent for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg