IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 28824 of 2008(F) -------------------------- PETITIONER(S): --------------- T. ASHRAF, S/O. MOIDUNNY, THAZHATHEYIL, PONNANI, MALAPPURAM DISTRICT BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN RESPONDENT(S): --------------- 1. M.B.UDAYABHANU, S/O. BHASKARAN, PATTANAKKAD CHERTHALA, ALAPPUZHA DISTRICT 2. THE EXCISE INSPECTOR, PONNANI, MALAPPURAM DISTRICT. 3. THE ASSISTANT EXCISE COMMISSIONER MALAPPURAM. 4. THE DISTRICT COLLECTOR, MALAPPURAM. 5. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.P.VIJAYA BHANU FOR R1 SRI.M.GEORGE THOMAS FOR R1 GOVERNMENT PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No. 28824 OF 2008 ---------------------------------------- Dated this the 15th day of October, 2008 JUDGMENT The petitioner's grievance in this writ petition is that the 1st respondent has been permitted to run a toddy shop within the prohibited distance from an Educational Institution, a Temple, a Mosque etc., and therefore respondents 2 and 3 are liable to be directed to take appropriate steps to remove the toddy shop from the present location. Detailing this grievance, the petitioner and others of the locality have submitted Ext.P1 representation. A mosque has also filed Ext.P2 representation in this matter before the 3rd respondent. In the above circumstances, the petitioner seeks a direction to the 3rd respondent to take appropriate decision on Exts.P1 and P2 expeditiously. 2. I have heard the learned Government Pleader also. 3. I am of opinion that having received Exts.P1 and P2, the 3rd respondent has a duty to take appropriate action on the same. W.P.(c)No.28824/08 2 Accordingly, this writ petition is disposed of with a direction to the 3rd respondent to take appropriate decision on Exts.P1 and P2, after affording an opportunity of being heard to the petitioner, the 1st respondent and the mosque committee, which has submitted Ext.P2 as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. If further action is to be taken by a higher authority the 3rd respondent shall forward the same to such higher authority who shall consider and pass orders within one month from the date of receipt of the same from the 3rd respondent who shall hear the petitioner and others as directed above. The petitioner shall forward a certified copy of this judgment along with a copy of the writ petition to the 3rd respondent for compliance. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.28824/08 3