IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 WP(C).No. 27184 of 2011(W) --------------------------------------- PETITIONER(S): ---------------------- K.UDHAYABHANU, THE SECRETARY, KUNNATHUR RESIDENTS ASSOCIATION, PUNNAYOORKKULAM, REG.NO.123/2011, KUNNATHUR P.O., PUNNAYOORKKULAM, TRICHUR DISTRICT. BY ADVS. SRI.T.SETHUMADHAVAN SRI.KODOTH PUSHPARAJAN SRI.K.JAYESH MOHANKUMAR SMT.VANDANA MENON SMT.ANJU P.NAIR RESPONDENT(S): ------------------------- 1. EXCISE COMMISSIONER, COMMISSTIONERATE OF EXCISE, THIRUVANANTHAPURAM-695 001. 2. CIRCLE INSPECTOR OF EXCISE, EXCISE CIRCLE OFFICE, VADANAPPILLY RANGE, TRICHUR DISTRICT-680 001. 3. M.C.BALAN, S/O.CHENNAN MANAGING DIRECTOR, DEVASURE INN (PVT.) LTD., PUNNAYOORKKULAM, TRICHUR DISTRICT-680 001. 4. PUNNAYOORKKULAM GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY-680 001. R1 & R2 BY ADV.SRI.BIJU MEENATHOOR, GOVT.PLEADER R4 BY ADV.SRI.C.A.CHACKO & R3 BY ADVS.SRI.M.G.KARTHIKEYAN & SRI.NIREESH MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DG WP(C).No. 27184 of 2011(W) APPENDIX PETITIONER(S) EXHIBITS: EXT. P1 : COPY OF THE APPLICATION SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 1ST RESPONDENT ON 15/5/2011. EXT P2 : COPY OF THE RESOLUTION NO.8 DATED 26/7/2011 PASSED BY THE 4TH RESPONDENT. EXT P3 : COPY OF THE COVERING LETTER NO.A3-5968/2011 DT.20/09/2011 FORWARING EXT.P2 RESOLUTION TO THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS - NIL /TRUE COPY/ P.A.TO JUDGE DG HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.27184 Of 2011 ---------------------- Dated this the 1st day of December, 2011. J U D G M E N T The writ petition is filed for a direction commanding respondents 1 & 2 to implement Ext.P2 decision passed by the 4th respondent forthwith in the light of Ext.P1 request made by the 3rd respondent and for a direction commanding the respondents 1 and 2 to take necessary steps for closing entrances provided from Eliyangattu Panchayath Road to the Bar Hotel run by the 3rd respondent in building No. IX/338-A of Punnayurkulam Grama Panchayath forthwith. 2. The petitioner is the Secretary of a Resident Association. The grievance of the petitioner Association relates to the functioning of a bar hotel by name 'Devasura Inn' in a residential area of Punnayurkulam Grama Panchayath. The petitioner submits that the Bar Hotel is situated near to Prathibha College wherein more than 2000 students are undergoing studies, that the area is a densely populated area and that the 3rd respondent licensee has shown entrance to the Bar Hotel through the Panchayath road by name Eliyangattu Road which deviate ::2:: W.P.(C).No.27184 Of 2011 from Kunnathur Center towards west. It is pointed out that the 3rd respondent initially did not provide any entrance to the hotel from Guruvayur-Ponnani road. It is alleged that there is deliberate intention to circumvent the distance Rule under the Abkari Act. 3. It is submitted that the 3rd respondent has approached the 1st respondent for providing an entrance to the Hotel building from Guruvayur-Ponnani road. Ext.P1 is the copy of the application. It is also stated that the local authority on coming to know of the request made by the 3rd respondent, as per resolution No.8 dated 26.7.2011 decided to direct the 3rd respondent to close the entrance gate from the Panchayath road and to provide the entrance gate from the Guruvayur-Ponnani road. Ext.P2 is the copy of the resolution. 4. The grievance of the petitioner is that respondents 1 & 2 have not taken any steps to implement Ext.P2 resolution passed by the local authority for closing the entrance gate. It is pointed out that as per Ext.P1 request, the 3rd respondent has also requested the 1st respondent for permitting entrance from the Guruvayur-Ponnani road. ::3:: W.P.(C).No.27184 Of 2011 5. The learned counsel for the petitioner requests this Court to issue a direction commanding respondents 1 & 2 to implement Ext.P2 decision passed by the 4th respondent forthwith in the light of Ext.P1 request made by the 3rd respondent. Taking into consideration the facts and circumstances, the writ petition is disposed of directing the 1st respondent to consider and pass appropriate orders on Ext.P1 application taking note of Ext.P2 resolution within a period of two months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner, 3rd & 4th respondents. HARUN-UL-RASHID, Judge. bkn/-