IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 WP(C).No. 21918 of 2009(H) -------------------------- PETITIONER(S): --------------- A.C.SREEDHARAN,S/O.CHATTUNNY, ANALIPARAMBIL HOUSE,CHEMBUCHIRA,MATTATHOOR VILLAGE MUKUNDAPURAM TALUK,THRISSUR DISTRICT. BY ADV. SRI.M.C.JOHN SRI.PRABIN BENNY C. RESPONDENT(S): --------------- 1. THE DEPUTY COMMISSIONER OF EXCISE, THRISSUR. 2. THE EXCISE CIRCLE INSPECTOR, VATANAPPALLY,THRISSUR. 3. THE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 4. SURENDRAN,S/O.KUNJAPPAN,MULLAKKARA HOUSE,KAZHIMBRAM,VALAPPAD,THRISSUR. GOVERNMENT PLEADER SRI.I.V.PRAMOD FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ```````````````````````````````````````````````````` W.P(C) No. 21918 OF 2009 H ```````````````````````````````````````````````````` Dated this the 25th day of August, 2009 J U D G M E N T Ext.P7 is an order of the Deputy Commissioner of Excise refusing the request of the petitioner for licence in a particular building. He is a privilege holder of toddy shops. He wanted the licence to be issued to house this shop in a particular building, which according to him, is within one metre distance from the original site. That has been refused by the Deputy Commissioner for reasons stated in the second paragraph of Ext.P7. The Circle Inspector of Excise has placed on record his statement and the learned Government Pleader has also obtained a plan prepared though the Village Officer, though that is yet to be on record. Whatever that be, the issue in hand is fundamentally a question of fact, the resolution of which has to be done on the basis of materials and reports on record and also as may be required and called for. Such an exercise can be carried out by the Commissioner of Excise, if the petitioner moves that authority and seeks relief against Ext.P7. Therefore, this writ petition is WPC.21918/09 : 2 : dismissed without prejudice to the petitioner's right to move for relief before the Commissioner of Excise. It is clarified that this judgment will not stand in the way of the petitioner producing any materials before the Commissioner as may be relevant. Sd/- (THOTTATHIL B. RADHAKRISHNAN, JUDGE) aks // True Copy // P.A. to Judge