IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 WA.No. 116 of 2010() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.36409/2009 Dated 14/01/2010 .................... APPELLANT(S): PETITIONER ------------------------ E.P.SOMAN, S/O.PAZHANI ANDI, IDIYAMPOTTA HOUSE, NENMARA, CHITTOOR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.B.GOPAKUMAR SMT.CHINCY GOPAKUMAR RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE COMMISSIONER OF EXCISE, KERALA, THIRUVANANTHAPURAM. 2. DEPUTY COMMISSIONER OF EXCISE, THRISSUR. 3. THE ASSISTANT EXCISE COMMISSIONER, THRISSUR. 4. THE CIRCLE INSPECTOR OF EXCISE, IRINJALAKUDA. 5. PARAMESWARAN, S/O.RAMAN, VETTIYTTIL, THEKKUMURI, VARANTHARAPPILLY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 6. LALU.C.K, S/O.LESAVAN, CHERAI HOUSE, NELLAYI, THRISSUR-680305. R1 TO R4 BY G.P. SRI. VIPINDAS ADV. SRI.C.A.CHACKO FOR R6 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & P.S. GOPINATHAN, JJ. -------------------------------------------- W. A. No. 116 OF 2010 -------------------------------------------- Dated this the 25th day of January, 2010 JUDGMENT Ramachandran Nair, J. Writ Appeal is filed against the judgment of the learned single judge upholding the order of the Commissioner to close down Toddy shop licensed to the appellant at Nellai. We have heard counsel appearing for the appellant and counsel appearing for the sixth respondent. Toddy shop was closed down on 6th respondent's allegation that the same is causing pollution and nuisance to his house which is located in the adjoining compound to toddy shop. Certain photographs are produced before us which do not disclose even the ventilation provided in the toddy shop and pollution if any caused to the water source of sixth respondent. It is seen from the impugned order of the Commissioner that appellant himself agreed for shifting of the toddy shop after admitting pollution caused by it to the sixth respondent. In fact, based on admission the Commissioner directed closure of the toddy shop and since appellant has not been able to find a suitable place, toddy shop remains closed down leaving the licence granted in the area un-utilised. Since the appellant has denied the 2 statement of admission recorded by the Commissioner and since the photographs show that the toddy shop is a newly constructed building, we feel appellant can be permitted to do business for the remaining part of the financial year. However, we direct the appellant to see that seapage and wastage do not go to the property of the sixth respondent and ventilation of toddy shop should not be kept open to the house side of the sixth respondent. It would be open to the appellant to open a ventilation for the toddy shop in the entry side of the toddy shop that is on the western side by closing down the ventilation on the house side of sixth respondent. There will be direction to the Excise authorities including the Commissioner to consider whether licence should be renewed in the same premises for the financial year 2010-11 after taking into account the objections raised by the sixth respondent and others. If there is objection from neighbours it would be open to the respondents not to renew the licence except after the appellant or the applicant for licence locates suitable place in the area. W.A. is allowed as above. (C.N.RAMACHANDRAN NAIR) Judge. (P.S. GOPINATHAN) kk Judge. 3