IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 WP(C).No. 4764 of 2009(S) -------------------------------------- PETITIONER(S): -------------------------- P.P.THANKACHAN, S/O.PHILIP, PULIKKATHARA HOUSE, LOKAMALASWARAM, KODUNGALLUR. BY ADV. MR.L.JAYAWANTH RESPONDENT(S): ---------------------------- 1. SECRETARY, TAXES (A) DEARTMENT, GOVT.OF KERALA,SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, COMMISSIONARATE OF EXCISE, THIRUVANANTHAPURAM. 3. ASST.EXCISE COMMISSIONR, THRISSUR. 4. T.K.BABU,MANAGING PARTNER, HOTEL VANCHINAD, KODUNGALLUR. BY GOVERNMENT PLEADER SMT. K.MEERA R3 BY ADV. MR.A.SUDHI VASUDEVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY, Ag.C.J. & V.GIRI, J. -------------------------------------- W.P(C)No.4764 of 2009 ------------------------------------- Dated 25th February, 2009 JUDGMENT Koshy, Ag.C.J . It is the case of the petitioner that the licence to be issued to the fourth respondent is located in an objectionable site considering Rule 13 of the Foreign Liquor Rules. On instructions, learned Government Pleader submitted that Deputy Commissioner of Excise, Thrissur has already reported that it is situated in an unobjectionable place and the nearest objectionable site is situated more than 200 metres away from the hotel gate. As per Rule 13(3) of the Foreign Liquor Rules, FL3 licence shall not be issued to hotels which are located within 200 metres from an Educational Institution, Temple, Church, Mosque or Burial ground. None of the above are situated within 200 metres of this hotel. In the above circumstances, we see no ground to entertain this writ petition. However, if a licence is granted in an objectionable site, it is for the petitioner to take other remedies available. The writ petition is disposed of accordingly. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE tks