IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 W.A. No. 2453 of 2009 ------------------------------------ AGAINST THE JUDGEMENT IN WPC.16644/2009 Dated 16/06/2009 .................... APPELLANT(S)/PETITIONER: --------------------- AMMINI PRASAD, PROPRIETRIX, HOTEL POURNAMI, OPP. KSRTC BUS STATION, CHENGANNUR, ALAPPUZHA DISTRICT. BY ADV. SRI. K.P. DANDAPANI, SENIOR ADVOCATE & ADVS. SRI.MILLU DANDAPANI SRI.P.KURUVILLA JACOB RESPONDENT(S)/RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, TAXES (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. NOBLE MATHEW. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 18/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P. BHAVADASAN, JJ. ------------------------------ W.A. No.2453 of 2009 ------------------------------ Dated this, the 18th day of November, 2009 JUDGMENT Balakrishnan Nair, J. The appellant was the writ petitioner. She applied for an FL-3 licence for a hotel run by her. But, her application was dismissed by Ext.P8 order dated 8.5.2009, by the Government. The reason was that the proposed premises of the Bar was at a distance of 127.40 metres from a Church. Challenging the said finding, the Writ Petition was filed. The contention was that if the one-way route for the vehicles as per the traffic regulations is taken into account while measuring the distance, the Church will be beyond the prohibited distance of 200 metres. But, the said contention is plainly untenable in view of the several decisions of this Court. So, the learned Single Judge dismissed the Writ Petition. Hence, this appeal. W.A. No.2453 of 2009 - 2 - 2. Since the point raised by the appellant/petitioner is covered against her, by the decision of a Division Bench of this Court in State of Kerala v. Vijaya Kumar, 2009 (1) KHC 522, we find no ground to interfere with the judgment under appeal. The Writ Appeal, therefore, fails and it is, accordingly, dismissed. Sd/- K. Balakrishnan Nair, Judge. Sd/- P. Bhavadasan, Judge. DK. (True copy)