IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 WP(C).No. 30094 of 2010(J) -------------------------- PETITIONER(S): --------------- SANTHOSH KUMAR, S/O. SASIDHARAN NAIR, SARASWATHI BHAVAN, KANNIMMEL, PATTAZHI, KOLLAM DISTRICT. BY ADV. SRI.ALEXANDER GEORGE RESPONDENT(S): --------------- 1. KERALA STATE BEVERAGES CORPORATION, TRIVANDRUM, REP. BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 3. THE DEPUTY EXCISE COMMISSIONER, KOLLAM. 4. THE EXCISE INSPECTOR, PATHANAPURAM EXCISE RANGE, KOLLAM DISTRICT. 5. KAMALA PRABHA, AGED 53 YEARS, W/O. K.SURENDRAN NAIR, SURENDRA BHAVAN, KANNIMEL, PATTAZHI, KOLLAM DISTRICT. 6. PATTAZHI GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PATTAZHI, KOLLAM DISTRICT. GOVERNMENT PLEADER SRI.V.MANU SRI.ELVIN PETER FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.30094/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE MASS PETITION DATED NIL EXT.P2. TRUE COPY OF THE REPRESENTATION FILED BY THE PATTAZHI THEKKEKARA MUSLIM JUMA ATH DATED 20.9.2010 EXT.P3. TRUE COPY OF THE REPRESENTATION FILED BY THE PATTAZHI THEKKEKARA MUSLIM JUMA ATH DATED 23.09.2010 EXT.P4. TRUE COPY OF THE REPRESENTATION FILED BY THE PATTAZHI THEKKEKARA MUSLIM JUMA ATH DATED 24.9.2010 EXT.P5. TRUE COPY OF THE NEW2SPAPER REPORT PUBLISHED IN MANORAMA DAILY DATED 22.9.2010 / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.30094 of 2010 ----------------------------------------- Dated this the 28th day of October, 2010 JUDGMENT The petitioner, who is a resident of Pattazhi Grama Panchayat, has filed this writ petition seeking a direction to respondents 2 to 4 not to shift the FL1 shop presently being run by the first respondent at Pattazhi Market Junction to the building belonging to the 5th respondent. It is contended that the building belonging to the 5th respondent is situated within the prohibited distance from a church, a mosque and a school. When the writ petition came up for hearing on 7.10.2010 this Court directed the Deputy Commissioner of Excise, Kollam, to submit a report to this Court through the learned Government Pleader as to whether the building belonging to the 5th respondent bearing door No.VIII/743 of Pattazhi Grama Panchayat is a building suitable for running an FL-1 shop having regard to the provisions contained in rule 7(2) of the Abkari Shops Disposal Rules and the second proviso to rule 13 (1) of the Foreign Liquor Rules. The Deputy Commissioner of Excise, Kollam, has, pursuant to the said direction, submitted a report to this Court to the effect that within 200 metres of the W.P(C).No.30094 of 2010 : 2 : building belonging to the 5th respondent a Calvery Asramam of Malankara Sabha, a Madrassa (run by Pattazhy Thekkekkara Muslim Jama Ath), an Anganwadi and an unaided school (MGEM Nursery LP & UP School) are functioning. He also reported that though the Asramam is not a church and the Madrassa is not an educational institution as per the rules, the MGEM Nursery, LP and UP School is an educational institution as defined in rule 7(2) of the Kerala Abkari Shops Disposal Rules and the second proviso to rule 13(1) of the Foreign Liquor Rules. The Deputy Commissioner of Excise has also reported that the building owned by the 5th respondent is not therefore suitable for shifting the FL-1 shop. In the light of the stand taken by the Deputy Commissioner of Excise, who is the authority to order shifting, the petitioner cannot have a subsisting grievance. The writ petition is accordingly closed recording the statement made by the Deputy Commissioner of Excise, Kollam that the building owned by the 5th respondent (bearing door No.VIII/743 of Pattazhi Grama Panchayat) is not suitable for locating an FL-1 shop. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.30094 of 2010 ---------------------------- JUDGMENT 28th October, 2010