IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 RP.No. 602 of 2011(I) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.13089/2011 Dated 08/06/2011 .................... REVIEW PETITIONER(S): PETITIONERS: ---------------------------------- 1. VYAJAMADYA VIRUDHA SAMITHI,WARD NO.6, ROOM NO.236-C,BISON VALLEY GRAMA PANCHAYAT, BISON VALLEY VILLAGE,IDUKKI DIST.,REP.BY SECRETARY, BIJU JOSEPH,AGED 35 YEARS,S/O.T.U.JOSEPH, RESIDING AT THEKKUMKATTIL HOUSE, BISON VALLEY VILLAGE, IDUKKI. 2. M.R. PRAKASH, S/O. RAVINDRAN, GRAMA PANCHAYAT MEMBER, WARD NO.5, BISON VALLEY PANCHAYAT, BISON VALLEY P.O., RESIDING AT MADATHANITHARA VEEDU, BISON VALLEY PANCHAYAT, IDUKKI DIST. BY ADV. SRI.K.A.ABDUL SALAM SRI.ANIYANKUNJU VARGHESE RESPONDENT(S): RESPONDENTS: --------------------------- 1. STATE OF KERALA, REP. BY SECRETARY, DEPARTMENT OF EXCISE, GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM-695 001. 2. THE COMMISSIONER OF EXCISE, KERALA STATE, EXCISE DEPT., TRIVANDRUM-695 001. 3. THE DY. COMMISSIONER OF EXCISE, EXCISE DEPT., IDUKKI DIST. 685 612. 4. KERALA STATE BEVERAGES CORPORATION LTD., TRIVANDRUM, REP. BY SECRETARY, KSBC, TRIVANDRUM-695 001. 5. MANAGING DIRECTOR, KERALA STATE BEVERAGES CORPORATION LTD., TRIVANDRUM-695001. 6. THE MANAGER, KERALA STATE BEVERAGES CORPORATION LTD., OLAMATTOM, THODUPUZHA, IDUKKI DIST.685 584. 7. SHOP INCHARGE, KERALA STATE BEVERAGES CORPORATION LTD., FL-I 06020, BISON VALLEY, IDUKKI DIST.685570. 8. CHINNAKKNAL GRAMA PANCHAYAT,CHINNAKKANAL IDUKKI DIST., REP. BY ITS SECRETARY. PIN-685602. 9. BISON VALLEY GRAMA PANCHAYAT, IDUKKI DIST. REP. BY ITS SECRETARY, BISON VALLEY VILLAGE, BISON VALLEY, IDUKKI DIST.685590. 10. K.K.JAYACHANDRAN, MLA, UDUMBANCHOLA, IDUKKI DIST.685 554. 11. REJY JOY, RESIDING OPPOSITE TO THE VILLAGE OFFICE, CHINNAKKANAL, IDUKKI DIST.685 602. ADV. SRI.C.S.AJITH PRAKASH,SC,BEVERAGES CORP FOR R4 to R6 BY GP SMITHA SUKUMAR – R1 TO R3 THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 18/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX(RP 602/2011) REVIEW PETITIONER'S EXTS. CERTIFIED COPY OF THE JUDGMENT DATED 8.6.2011 IN WP(C) 13089 OF 2011 OF THIS COURT. lgk //TRUE COPY// C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - R.P. No.602 of 2011 in W.P.(C)No. 13089 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of August, 2011 O R D E R This review petition has been filed against the judgment dated 8.6.2011 in WPC No. 13089 of 2011. The petitioners filed the said writ petition challenging Exts.P1,P2, P3 and seeking of issuance of writ of mandamus commanding the respondents 1 to 7 to continue to sale of Indian made Foreign liquor through Bison Valley shop FL1-06020. Essentially, the objection of the petitioner is against the proposal to shift the aforesaid shop from Bison Valley to Chinnakkanal Panchayat. The contention was that the respondents are taking action to shift the aforesaid shop without obtaining a prior approval from the Deputy Commissioner of Excise, in terms of Rule 7(2) of Kerala Abkari Shops Disposal Rule, 2002. Taking into account the said contention raised by the petitioner, this Court directed the Government Pleader to make available the records and the records were made available before this Court. A perusal of the said record would reveal that sanction was granted as per Order RPNo.602/2011 No.ID2-1753/2011 dated 4.5.2011. It is thereafter, that the writ petition was dismissed as per judgment dated 8.6.2011. In the review petition it is stated that no prior approval was granted before the shifting of the shop in question. In that context, it is relevant to refer to the affidavit filed by the petitioners on 11.5.2011 and 13.5.2011 which were actually taken into consideration while passing the aforesaid judgment. The specific averments made in the said affidavits would reveal that even after 4.5.2011, the date of granting sanction by the 3rd respondent, the shop in question was very much functioning in Bison Valley itself. Therefore, the petitioner cannot be said that without prior approval that it was shifted. Any shifting after 4.5.2011 cannot be said to be without a prior sanction. In that view of the matter I do not find any reason to invoke review jurisdiction. In fact, the petitioners have failed to bring out the error that is apparent on the face of the records to invite the exercise of review jurisdiction. In the said circumstances, I have no hesitation to hold that there is no merit in this review petition and accordingly, it is dismissed. Sd/ (C.T. RAVIKUMAR, JUDGE) jma