IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 WA.No. 1012 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.16555/2010 Dated 09/06/2010 .................... APPELLANT(S): 6TH RESPONDENT ---------------------------- LALU.C.K, S/O.KESAVAN, AGED 44 YEARS, CHERAI HOUSE, NELLAYI, THRISSUR-680 305. BY ADV. SRI.C.A.CHACKO RESPONDENT(S): PETITIONER & RESPONDENTS 1 TO 5 ---------------------------------------------- 1. E.P.SOMAN, S/O.PAZHANI ANDI, IDIYAMPOTTA HOUSE, NENMARA, CHITTOOR TALUK, PALAKKAD DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE COMMISSIONER OF EXCISE, KERALA, THIRUVANANTHAPURAM. 3. THE DEPUTY COMMISSIONER OF EXCISE, THRISSUR. 4. THE ASSISTANT EXCISE COMMISSIONER, THRISSUR. 5. THE CIRCLE INSPECTOR OF POLICE, IRINJALAKKUDA. 6. PARAMESWARAN, S/O.RAMAN, VETTIYATTIL, THEKKUMURI, VARANTHARAPPILLY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY GOVT. PLEADER SRI.L.G.SURESHBABU THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - W.A.No.1012 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of June, 2010 JUDGMENT Basheer, J. The licence issued by the Excise authorities to vend Toddy in Shop No.T.S.No.89 of Nellayi (Group No.VII) at Irinjalakkuda Range has reportedly led to a spate of writ petitions and writ appeals before this court. This appeal is one of them. 2. Appellant, who is stated to be living in the neighbourhood of the toddy shop being run by respondent No.1 was seemingly aggrieved because, according to him, the running of the toddy shop caused nuisance to him and his family. He alleged that sewage of waste water was polluting his well. This and other related objections raised by the appellant were considered by the Deputy Commissioner of Excise. In Ext.P13 order, the said authority upheld his contentions and rejected the application submitted by respondent No.1 for renewal of licence for the year 2010-11. 3. The said order has been quashed by the learned Single WA.No.1012/2010 2 Judge of this court in the impugned judgment which has given rise to this appeal. While quashing Ext.P13, the learned Single Judge has directed the Excise Authorities to issue licence to respondent No.1. 4. When this appeal came up for consideration before us today, we are informed that respondent No.1 has been granted licence as directed by the learned Single Judge and he is now conducting the toddy shop. 5. We have heard Sri.C.A.Chacko, learned counsel for the appellant and Sri.B.Gopakumar, learned counsel for respondent No.1. 6. It is revealed from the impugned judgment that the learned Single Judge had considered the entire pros and cons of the issue before coming to the conclusion that, in the facts and circumstances of the case and also having regard to the chequered history of the dispute, the stand taken by the Deputy Commissioner in Ext.P13 order cannot be sustained. However, while upholding the contentions raised by respondent No.1 in this regard, the learned Single Judge has made it clear that it would be open to the appellant to move the competent authority, if any nuisance is caused by the conduct of the shop after it WA.No.1012/2010 3 starts functioning. 7. Since the shop has already started functioning, we are of the view that the remedy of the appellant now lies in approaching the authority concerned, if any nuisance still persists. If the appellant makes a motion in this regard, the authority concerned shall take an appropriate decision in the matter after affording sufficient opportunity of hearing not only to the appellant but respondent No.1 also, as expeditiously as possible, at any rate, within ten weeks from the date of receipt of such complaint. With this direction, the Writ Appeal is disposed of. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. WA.No.1012/2010 4 WA.No.1012/2010 5