IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 25TH JUNE 2010 / 4TH ASHADHA 1932 WP(C).No. 18800 of 2010(Y) --------------------------------------- PETITIONER: ------------------- DHARMAN P.P, PONNAMMATHARA HOUSE, KUTTICHIRA P.O., CHALAKKUDY, TRICHUR DISTRICT. BY ADV. SRI.K.PRAVEEN KUMAR. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP.BY THE SECRETARY, EXCISE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. THE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM – 695 001. 3. THE DEPUTY COMMISSIONR OF EXCISE, TRICHUR – 680 001. 4. THE CIRCLE INSPECTOR OF EXCISE, IRINJALAKKUDA, PIN – 680 564. 5. PRAJEESH, LICENSEE, TS NO.22, KUTTICHIRA, IRINJALAKKUDA, TRICHUR DISTRICT. R1 TO R4 BY GOVT. PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.18800/2010-Y ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 25th day of June, 2010 J U D G M E N T This writ petition has been filed by the petitioner aggrieved by the location of a toddy shop No.22 in Kuttichira under the Irinjalakkuda Excise Range. 2. It is averred in the writ petition that the toddy shop was originally located in a building in Survey No.119 of Kuttichira desom owned by one Shri Raju. The main allegations raised show that the same was located within 150 metres of Kuttichira L.P. School, 50 metres of Sree Narayana Vidyanikethan School, 100 metres of Ambedkar Harijan Colony. The said building has been vacated and now the 5th respondent is locating the shop in a building close- by. 3. The petitioner is mainly seeking for a direction to respondent Nos.1 to 4 not to allow the fifth respondent to function the toddy shop in building No.22 in Survey No.836 in Kuttichira desom of Irinjalakkuda Excise Range. The petitioner and others have filed Ext.P3 representation before the second respondent in the matter. 4. This Court is not expressing anything on the merits of the matter. It is upto the second respondent to consider the same in accordance with law. There will be a W.P.(C). No.18800/2010 -:2:- direction to the second respondent to consider Ext.P3 in accordance with the relevant Rules and take appropriate decision before the licence is issued. The petitioner will produce a copy of the writ petition along with a copy of this Judgment before the second respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms