IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 OP.No. 13489 of 2003(E) ----------------------------------- PETITIONER(S): ------------------------- M.V.SUNDARAN, S/O. VELLA, MELETHODI HOUSE, KUNNAMPARAMBA I.H.D.P. COLONY, MANKURUSSI-P.O., MANKARAI-VIA, PALAKKAD DISTRICT. *ADDL.P2 IS IMPLEADED: P2: VESU, W/O.LATE M.V. SUNDARAN, MELATHODI HOUSE, KUNNAMPARAMBA IHDP COLONY, MANKURUSSI P.O., MANKAVAI – VIA, PALAKKAD DISTRICT. (*ADDL.P2 IS IMPLEADED AS PER ORDER DTD. 4/01/2008 IN I.A.NO.14533/2006) BY ADV. SRI.T.K.CHINNAN RESPONDENT(S): --------------------------- 1. THE SECRETARY TAXES (G) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 2. THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM 3. THE ASSISTANT EXCISE COMMISSIONER, PALAKKAD. 4. THE CIRCLE INSPECTOR OF EXCISE, PALAKKAD. 5. THE DISTRICT DEVELOPMENT OFFICER FOR SCHEDULED CASTE, PALAKKAD. Kss ..2/- ...2... O.P.NO.13489/2003 E 6. T.J.BABY, LICENCEE, TODDY SHOP NO.18, BUILDING NO. 226, KUNNAMPARAMBA I.H.D.P.COLONY, MANKURUSSI P.O., MANKARA VIA., PALAKKAD. *ADDL.R7 IS IMPLEADED: R7. THE DISTRICT COLLECTOR, PALAKKAD. (*ADDL.R7 IS IMPLEADED AS PER ORDER DTD. 2/04/2004 IN I.A.NO.4804/2004) R1 TO R5 & R7 BY GOVERNMENT PLEADER SMT. SMITHA SUKUMAR R6 BY ADV. MR.T.A.SHAJI THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON C.M.P.NO.22734/2003 IN O.P.NO.13489/2003E DISMISSED 25/05/2009 SD/- THOTTATHIL B.RADHAKRISHNAN,JUDGE APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF STATEMENT FILED BY R5 IN O.P.NO.36399/2002 DTD.2/1/2003. P2: COPY OF JUDGMENT IN O.P.NOS.2985/2003 & 36399/2002 OF THIS HON'BLE COURT DTD. 29/01/2003. P3: COPY OF PETITION SUBMITTED BY PETITIONER BEFORE R2 & R3 DTD. 3/3/2003. P4: COPY OF PETITION SUBMITTED BY PETITIONER BEFORE R3 DTD. 4/4/2003. P5: COPY OF LAWYER NOTICE SENT TO R3 DTD. 12/04/2003. P6: COPY OF INFORMATION NO.A/289/07 ISSUED BY MANKARA GRAMA PANCHAYAT DTD. 19/05/2007. RESPONDENT'S EXHIBITS: R1(A): COPY OF SKETCH PREPARED BY MANKARA VILLAGE OFFICER. R1(B): COPY OF LETTER OBTAINED FROM VILLAGE OFFICE, MANKARA. R6(A): COPY OF THE LICENCE OF SHOP NO.30 FOR THE YEAR 1993-94. R6(B): COPY OF THE CURRENT LICENCE OF 6TH RESPONDENT'S SHOP. /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- O.P.No.13489 OF 2003 ------------------------------------------- Dated this the 25th day of May, 2009 JUDGMENT 1.This writ petition is filed seeking directions in relation to the continued functioning of toddy shop No.18 near Kunnamparamba Harijan Colony. There was conflict of opinion between the executive authorities regarding the minimum distance between the existing toddy shop and the Harijan Colony. The District Collector was, therefore, directed by this Court to furnish a statement. A statement was, accordingly, placed on record on 17.7.2004 by the then District Collector, which, among other things, disclose that the total number of houses where members of scheduled caste/scheduled tribe reside within the prohibited distance is 13. It does not make any difference whether they are identified by the Government as part of any scheduled caste/scheduled tribe colony or otherwise. The fact remains that they are members of scheduled caste/scheduled tribe community. The intention of the rule which prescribes a OP.13489/03 Page numbers prohibited distance between the residence of members of scheduled castes/scheduled tribes and the toddy shop is to ensure that members belonging to that community, which require a social protective scheme, needs to be insulated from easy access to alcohol, to prevent addiction. With the passage of time, it is the requirement that the licence of the said toddy shop is not renewed except after looking into and considering all the relevant factors, including the measure of distance as noted by the District Collector in the aforesaid statement. A photocopy of the statement dated 17.7.2004 signed by Sri.Sanjeev koushik, the then District Collector, Palghat, will stand appended to this judgment as Annexure I. 2.For the foregoing reasons, it is directed that no decision shall be taken by renewing the licence to toddy shop T.S.No.18 referred to in this case except after adverting to considering the appended statement and also Ext.R1(a) sketch of the Village Officer. If the toddy shop is found to be within the OP.13489/03 Page numbers prohibited distance, that shall not be permitted to function. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.25/5.