IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 WP(C).No. 28716 of 2007(S) -------------------------- PETITIONERS: ------------ 1. SHAHUL HAMMED,S/O.KAMMU HAJI, AGED 31 YEARS, FAHIDA MANZIL, RAMANATTUKARA, KOZHIKODE. 2. SHAMSHAD, S/O.KOYA, AGED 24 YEARS, THYKKANDI,MARATTUTHAZAM,VYDARANGADI, RAMANATTUKARA, KOZHIKODE. 3. BIJU P. KURIAN, S/O. KURIAN, AGED 32 YEARS, FLAT NO. 1 JOSHNAR APARTMENTS AIRPORT ROAD,RAMANATTUKARA, KOZHIKODE. BY ADV. SRI.BIJU ABRAHAM SRI.PIOUS JACOB RESPONDENTS: ------------- 1. THE COMMISSIONER OF EXCISE COMMISSIONARATE OF EXCISE, THIRUVANANTHAPURAM. 2. THE ASSTT.EXCISE COMMISSIONER EXCISE DIVISION OFFICE,KOZHIKODE. 3. THE CIRCLE CINSPECTOR OF EXCISE, EXCISE DIVISION OFFICE,FAROKE RANGE, KOZHIKODE. 4. THE DEPUTY COMMISSIONER OF EXCISE, NORTH ZONE, KOZHIKODE. 5. HOTEL CALICUT GATE, EXCEL COMMERCIAL COMPLEX,N.H.ROAD,RAMANATTUKARA,KOZHIKODE 673 633, REPRESENTED BY ITS MANAGING PARTER,K.T.JOSEPH, S/O.THOMAS,AGED 49 YEARS,KATTIVEETTIL HOUSE, FLAT NO.8-B,GLENDALE EAST,BANK ROAD,KOZHIKODE-1. WPC.28716/07 6. THE RAMANATTUKARA GRAMA PANCHAYATH, RAMANATTUKARA,REPRESENTED BY ITS SECRETARY. BY ADV. SRI.GEORGE POONTHOTTAM GOVERNMENT PLEADER SMT.K.MEERA (SR) SRI.R.SURAJ KUMAR SMT.GEETHA P.MENON THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.28716/07 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMPLAINT DATED 22.9.2007 SUBMITTED BY THE 1ST PETITIONER TO THE 2ND RESPONDENT. EXT.P2: COPY OF THE ROUGH SKETCH PREPARED BY PETITIONER ON 21.9.2007 AFTER MEASUREMENT. EXT.P3: COPY OF THE SKETCH PREPARED BY MY ADVOCATE, PIOUS JACOB ON 25.10.07. EXT.P4: COPY OF THE COMMISSION REPORT FILED IN O.S.354/2007 DATED 5.10.2007 WITH A SKETCH PREPARED BY THE ADVOCATE COMMISSIONER. EXT.P5: COPY OF THE JUDGMENT IN WPC.37416/2007 DATED 3.1.2008 OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS: EXT.R2(A): COPY OF THE RECOMMENDATION LETTER NO.NZ-3360/07/B.DATED 20.8.2007. EXT.R2(B): COPY OF THE LETTER NO.D6-3941/07/DATED 18.8.2007 OF THIS RESPONDENT. EXT.R5(A): COPY OF THE PLAINT FILED BEFORE THE SUB COURT, KOZHIKODE. EXT.R5(B): COPY OF THE REPORT NO.CZ3/5047/2007 DATED 1.10.2007. EXT.R5(C): COPY OF THE COMMISSION REPORT. EXT.R5(D): COPY OF THE LEASE DEED DATED 29.3.2007. EXT.R5(E): COPY OF THE ORDER IN I.A.4609/07 IN O.S.NO.354/07 DATED 24.11.2007. EXT.R5(F): COPY OF THE COMMISSION REPORT FILED IN O.S.NO.354/2007 DATED 1.11.2007. /TRUE COPY/ K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 28716 OF 2007 -------------------------------------- Dated this the 19th day of October , 2007 REFERENCE ORDER Petitioners have approached this court seeking a direction declaring that the 5th respondent is not entitled for an FL-3 licence at its present place of hotel since the same is situated within the prohibitory distance of Bilal Masjid as provided under Rule 13(3) of the Foreign Liquor Rules. It is stated that the first petitioner is a social worker and he is mainly working against the use of alcohol and other intoxicates materials and he is guiding and supporting the rehabilitation of addicted persons. It is also stated that the other two petitioners are residing nearby the fifth respondent hotel and are supporters of the activities of the first petitioner in the rehabilitation programmes. It is further stated that persons knowing to the first petitioner's work is helping financially to achieve the good aims of him. It is stated in I.A.No.13075/07 that the first petitioner filed a complaint before respondents 1 to 4 pointing out the grievance since he is a local resident of Ramanattukara and being a member of the Muslim community and offering prayers at Bilal Masjid at WPC.No.28716/07 2 Ramanattukara. The third petitioner in fact is a christian. I would think that this is essentially a public interest litigation and therefore this should be considered by the Bench dealing with public interest litigation. Accordingly, I refer the matter for consideration by the appropriate Bench. Since the petitioners have filed an application for Commission and also apprehend the grant of licence to the fifth respondent, the matter may be placed urgently before the Honourable The Chief Justice for appropriate orders. K. M. JOSEPH, JUDGE sv