IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 WP(C).No. 8566 of 2007(T) ------------------------------------ PETITIONER: ------------------ P.K.BALAKRISHNAN, CHAIRMAN, ACTION COUNCIL, S/O.RAVUNNI NAIR, `SURABHI', CHERIPARAMBU, P.O.CHATHANGOTTUPURAM, (VIA) WANDOOR, MALAPPURAM DISTRICT. BY ADV. SRI.P.VIJAYAKUMAR SRI.S.VAIDYANATHAN RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO EXCISE DEPARTMENT, TRIVANDRUM. 2. THE EXCISE COMMISSIONER, TRIVANDRUM. 3. THE DISTRICT COLLECTOR, MALAPPURAM. 4. THE ASSISTANT EXCISE COMMISSIONER, MALAPPURAM. 5. C.L.CHACKO, S/O.LONAPPAN, CHALAKKAL HOUSE, KANDASSAMKADAVU P.O., KARAMUKKU, THRISSUR, LICENSE T.S.NO.18/2006-2007, CHATHANGOTTUPURAM, MALAPPURAM. *6. K.V. SUBRAMANIYAN, S/O. VELAYUDHAN, KODOKKI HOUSE, P.O. NADUVILAKKARA, VADANAPPALLY VILLAGE, CHAVAKKADU TALUK, THRISSUR LICENSE NO. T.S. NO. 18/2007-2008. WP(C) NO: 8566/2007 *7. I.S. VENUGOPAL, S/O. SUDARSHAN, AITHIKKAL VEETTIL, P.O. THRITHALLOOR, THRITHALLOOR TALUK, THRISSUR. *ADDL. R6 AND R7 ARE IMPLEADED AS PER ORDER DATED 06/08/2007 IN IA NO. 7179/2007. R5 TO R7 BY ADV. SRI.SHAJI P.CHALY GOVERNMENT PLEADER SRI. P.K.RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 8566/2007 APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE RELEVANT NEWS PAPER REPORTS. EXT.P2. COPY OF THE COMMUNICATION DT. 29/12/2005. EXT.P3. COPY OF THE LETTER ISSUED BY R3. EXT.P4. COPY OF THE LICENSE. EXT.P5A. COPY OF THE MASS REPRESENTATION DT. 18/10/2006. EXT.P5B & P5C. COPY OF THE CERTIFICATE ISSUED BY DIST. PLANNING OFFICER AND THE RELEVANT REPORT PUBLISHED BY THE PANCHAYATH. EXT.P6. COPY OF THE JUDGMENT DT. 12/12/2006 IN WPC NO. 26642/2006 BEFORE THIS COURT. EXT.P7. COPY OF THE MASS REPRESENTATION GIVEN BEFORE THE R2. EXT.P8. COPY OF THE ORDER OF RELEXATION DT. 24/1/2007. EXT.P9. COPY OF THE NEWSPAPER REPORT DT. 21/2/2007. EXT.P10. COPY OF THE RESOLUTION ISSUED BY THE PORUR PANCHAYATH. EXT.P11. COPY OF THE GOVT. ORDER. EXT.P12. COPY OF THE LICENSE ISSUED IN FAVOUR OF ADDITIONAL R6 AND R7. RESPONDENT'S EXHIBITS NIL. True copy tga W Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.8566 of 2007 ================================== Dated this the 5th day of February, 2008. JUDGMENT There was a toddy shop in the land belonging to one Padmanabhan, which is referred to in the impugned Ext.P8 order. There were some agitations regarding that. It was noticed that the shop was being run in that property on the ground of relaxation of distance rules referable to the fact that the shop was run in the same premises on the previous abkari years. Thereafter, the licensee, forced by the situation in which he was on account of agitations, requested for a shifting of the sanctioned premises and accordingly shifting was ordered. The Excise Commissioner has now issued the impugned order permitting the licensee to conduct the toddy shop in the premises belonging to Padmanabhan again under the cover of exemption from the distance rules. WPC8566/2007 -:2:- 2. At this distant point of time, it is rightly pointed out that the question would again fall for consideration in terms of the abkari policy for the succeeding year and in terms of the law relating to grant of licence for the coming abkari year. In the aforesaid circumstances, without expressing anything on merits, this writ petition is disposed of directing that if the petitioner objects to the grant of licence in the premises referred to in Ext.P8, the Assistant Excise Commissioner will consider such objection because, there are some Harijan colonies and other landmarks near which a toddy shop would be objectionable. It is clarified that all questions are left open. Thottathil B.Radhakrishnan, sl. Judge.