IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 WP(C).No. 9563 of 2010(U) ------------------------- PETITIONER(S): --------------- 1. FR.SHEBBY KOZHIYADIYIL,S/O.K.J.PHILIP, CORPORATE MANAGER, OFFICE OF THE CORPORATE MANAGEMENT OF SCHOOLS, CATHOLIC ARCH DIOCESE OF THIRUVALLA, BISHOP HOUSE, MARYGIRI, THIRUVALLA. 2. SHAJI K., S/O. KOCHUMUHAMMED RAWTHER, KOTTAMANNIL HOUSE, KOTTANGAL, CHUNKAPPARA P.O. PATHANAMTHITTA. BY ADV. SRI.S.SUBHASH CHAND RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF EXCISE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONR, OFFICE OF THE COMMISSIONR, THIRUVANANTHAPURAM. 3. DEPUTY EXCISE COMMISSIONR, OFFICE OF THE DEPUTY EXCISE COMMISSIONR, PATHANAMTHITTA. 4. THE ASSISTANT EXCISE COMMISSIONR, OFFICE OF THE ASSISTANT EXCISE COMMISSIONR, PATHANAMTHITTA. 5. THE KERALA STATE BEVERAGES (M&M) CORPORATION LTD., OFFICE OF THE KERALA BEVERAGES CIROIRATUIB (M&M),THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. 6. THE MANAGING DIRECTOR, THE KERALA STATE BEVERAGES (M&M) CORPORATION LTD., OFFICE OF THE KERALA BEVERAGES CORPORATION (M&M) THIRUVANANTHAPURAM. 7. KOTTANGAL GRAM PANCHAYAT, OFFICE OF THE KOTTANGAL GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY. BY GOVERNMENT PLEADER SRI. K.R. DEEPA SC FOR KCBC SRI. ELVIN PETER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.9563 OF 2010 (U) -------------------------------------------------- Dated this the 22nd day of March, 2010 J U D G M E N T The first petitioner is the Manager of St. George's High School, Kottangal and the 2nd petitioner is the President of the Parent Teachers' Association of the said school. They approached this court apprehending that respondents 5 and 6 have decided to open a FL- I shop in building No.266 of Ward No.9 of the 7th respondent Panchayat, which according to the petitioner will be in violation of the provisions contained in the Foreign Liquor Rules. 2. However, standing counsel appearing for respondents 5 and 6 submits that, although a shop has been sanctioned for the area in question, even as on date, they have not identified or decided on any particular building to locate the shop. It is also submitted that even if any building is chosen by them, that will be fully in compliance with the provisions of the Foreign Liquor Rules. Thus from the submissions made from the Standing Counsel it would appear that the apprehension expressed by the petitioner is premature. WPC.No.9563/2010 :2 : Therefore, I dispose of this writ petition, recording the submission made by the Standing counsel as above and leaving it open to the petitioners to pursue their grievances if and when there arise a cause for the same. (ANTONY DOMINIC) JUDGE vi/