IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 W.P.(C)No. 20522 of 2009 (S) ------------------------------------------- PETITIONER: G.SUDHEESH KUMAR, AGED 37,S/O.GOPINATHAN NAIR, SHAYAMALAYAM, THIRUVALLOM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY SMT.K.R.RIJA RESPONDENTS: 1. THE COMMISSIONER OF EXCISE, GOVT.OF KERALA,PARK VIEW, THIRUVANANTHAPURAM. 2. THE ASST.EXCISE COMMISSIONER, GOVT.OF KERALA,THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAY DIVISION, PWD,THIRUVANANTHAPURAM. 4. THE CORPORATION OF THIRUVANANTHAPURAM, REP.BY ITS SECRETARY,CORPORATION OFFICE COMPLEX,PARK VIEW,THIRUVANANTHAPURAM. 5. ANILKUMAR,"BABA NILAYAM", UPANIYOOR DESOM,KALLIYOOR VILLAGE, THIRUVANANTHAPURAM. 6. KOMALAN,S/O.CHANDRANANDAN, "MUDUPIRRAVILA PUTHENVEEDU",KATTACHANKUZHI, VENGANOOR,THIRUVANANTHAPURAM. 7. RADHAKRISHNAN,S/O.KRISHNAN, PANAVILA VEEDU,KOTTUKAL, THIRUVANANTHAPURAM. ADV. SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE FOR R4 SRI.P.K.MANOJKUMAR FOR R4 SRI.M.G.KARTHIKEYAN FOR ADDL R8 GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 20522 of 2009 (S) APPENDIX PETITIONER'S EXHIBITS: Ext.P1: A true copy of the complaint dated 17-7-2009. RESPONDENT'S EXHIBITS: Ext.R7(a): Photocopy of the license No.22/2009-10 in respect of toddy shop No.3/09-10 issued by the Asst. Excise Commissioner, Thiruvananthapuram dt.2-7-2009. Ext.R7(b): Photocopy of the affidavit filed on behalf of the 5th respondent In W.P.(C)No.17408/09 before this Hon'ble Court, dated, 3-8-2009. Ext.R7(c): Photocopy of the statement filed on behalf of the 3rd respondent in W.P.(C)No.17408/2009 before this Hon'ble Court, dated 20-7-2009. Ext.R7(d): Photocopy of the order No.TP-NE2/2982/09 dated 25-6-2009 passed by the Secretary, Corporation of Thiruvananthapuram. Ext.R7(e): Photocopy of the letter dated 4-7-2009 sent by one K.S.Radhakrishnan to the Secretary, Thiruvananthapuram Corporation. // True copy // P.A. to Judge S.R.BANNURMATH, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.20522 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of November 2009 JUDGMENT A.K.BASHEER, J. Petitioner claims that he is a public spirited citizen who has been fighting against activities adversely affecting the public at large. The prayers in the writ petition are extracted hereunder: i) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 4, not to permit functioning of toddy shop no.3 of Thiruvananthapuram Excise range in the present licensed premises (shed) in Sy No.232/1 of Thiruvallom Village. ii) issue a writ of mandamus or any other appropriate writ, order or direction to the respondents 1 and 2 to inspect the premises where toddy shop no 3 of Thiruvananthapuram Excise range is functioning and to ascertain whether the said shop is situated within 400 meters of Vengara devi temple, and if so to re-locate the said shop to another un-objectionable site. iii) issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to consider and dispose of Ext.P1 complaint by the petitioner as expeditiously as possible. 2. We have perused the counter affidavits filed by respondents 4 to 7. We have heard learned counsel for the parties also. 3. During the pendency of the writ petition, it was brought to our notice that toddy shop No.3 of Thiruvananthapuram Excise Range is being conducted in an unauthorised building situated in Sy.No.232/1 of Thiruvallom village. Respondent No.4, Secretary of the Corporation was therefore directed to take appropriate action, if the said allegation was correct. Accordingly, an affidavit has been filed by the Secretary of the Corporation stating that the unauthorised construction made by respondents 5 to 7 has been demolished W.P.(C)No.20522 OF 2009 :: 2 :: after issuing a provisional as well as a final order as provided under Section 406 (1), (2) and (3) of the Kerala Municipality Act. Copy of the final order passed under Section 406 (3) of the Act is on record as Annexure A. 4. When this petition is taken up today for further consideration, learned counsel for the petitioner submits that the petitioner will be satisfied, if respondent No.2 is directed to take appropriate action in the matter after considering Ext.P1 representation submitted by him. The only prayer is to afford sufficient opportunity to the petitioner to be heard in the matter before any decision is taken. The above submission, in our view, is only just and reasonable. 5. Therefore, we dispose of the writ petition with a direction to respondent No.2 to take appropriate action in the matter, if found necessary, after considering Ext.P1 strictly on its merit and in accordance with law. Respondent No.2 shall afford sufficient opportunity to the petitioner and respondents 4 to 8 to be heard before such a decision is taken. This shall be done as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. Writ petition is disposed of in the above terms. (S.R.BANNURMATH) CHIEF JUSTICE (A.K.BASHEER) JUDGE jes