IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 WP(C).No. 7753 of 2009(L) ------------------------- PETITIONER(S): --------------- RATNAKUMARI, W/O.DEVADASAN, AGED 57 YEARS, 'THATHWAMASI', MANGATTIRI, TIRUR, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE REVENUE DIVISIONAL OFFICER, TIRUR, MALAPPURAM DISTRICT. 3. THE ASST. EXCISE COMMISSIONER, MALAPPURAM. 4. THE EXCISE INSPECTOR, TIRUR EXCISE RANGE, MALAPPURAM DISTRICT. GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.7753 of 2009 ================== Dated this the 12th day of March, 2009 J U D G M E N T The petitioner claims to be a resident of Mangattiri near Tirur in in Malappuram District. The petitioner's grievance in this writ petition is that toddy shop No.12 of Tirur Excise Range is functioning within the prohibited distance as proscribed in Rule 7(2) of the Abkari Shops disposal Rules, 2002. The petitioner is objecting to the continuance of the toddy shop in the present premises on account of the said reason. The petitioner earlier approached this Court by filing W.P.(C).No. 37235/2008 raising that grievance. That writ petition was disposed of by Ext.P7 judgment directing the competent authority to hear the petitioner also while considering the question of grant of licence to toddy shop No.12 of Tirur Excise Range for the year 2009-2010. The petitioner's contention is that without hearing the petitioner, the respondents have included toddy shop No.12 of Tirur Excise Range also for allotment during the year 2009-2010 in the same premises. The petitioner, therefore, seeks the following reliefs: “i) Issue a writ of mandamus or any other appropriate writs, orders or 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.48/1 of the Thalakkad Village for the financial year 2009-10, as the said premises will coming (sic) 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 is within the prohibited distance contemplated under Rule 7 (2) of the Abkari Shops Disposal Rules, 2002 as evidenced from 2 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. The primary contention raised by the petitioner is that auction is being proposed in respect of the said toddy shop without complying with the directions in Ext.P7 judgment. The operative portion of Ext.P7 judgment reads thus: “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.” As is clear from the said direction, the direction is to hear the petitioner also while considering the question of grant of licence. That stage has not yet arisen. The toddy shop in question has only been included for auction for allotment. After auction and allotment, licence has to be issued. As per the judgment, the hearing of the petitioner is only at the time of issuing licence in that premises. That being so, I do not find any violation of Ext.P7 judgment yet. It is also pointed out that the auction itself has been postponed by three months. If the issue has to be considered now, the present licensee has to be heard and the petitioner has not chosen to implead him in this writ petition. In the above circumstances, I do not find any merit in the writ petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 3