IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 9220 of 2006(V) ------------------------------------- PETITIONERS: -------------------- 1. K.N. BABUKUTTAN, XXII/115, KUZHINIKATHIL HOUSE, SHADY LANE, THOTTAKKATTUKARA, ALUVA. 2. V.A. ARUNKUMAR, VRINDAVAN, ALUVA. BY ADV. SRI.DINESH R.SHENOY RESPONDENTS: ----------------------- 1. THE ASSISTANT EXCISE COMMISSIONER, O/O. ASSISTANT EXCISE COMMISSIONER, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF EXCISE, O/O. CIRCLE INSPECTOR OF EXCISE, ALUVA. 3. THE KERALA STATE BEVERAGES MANUFACTURING AND MARKETING CORPORATION, SASTHAMANGALAM, THIRUVANANTHAPURAM-695 010, REP. BY ITS MANAGING DIRECTOR. 4. THE KERALA STATE BEVERAGES MANUFACTURING AND MARKETING CORPORATION LTD., FL.1/138, THOTTAKKATTUKARA, ALUVA. 5. V.L. PHILIP, S/O. LAWRENCE, VALIYARA HOUSE, DOOR NO.21185, ALUVA WEST VILLAGE, ALUVA. GOVERNMENT PLEADER SRI.MOHAMMED ANZAR FOR R1, R2 ADV. SRI.K.P.DANDAPANI (SR.) FOR R3 & 4 ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) FOR R5 ADV. SRI.GEORGE VARGHESE KIZHAKKAMBALAM FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).9220/2006-V APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REPRESENTATION DATED 15/03/2006 SUBMITTED BY THE PETITIONER. EXT.P2: COPY OF THE PHOTOGRAPH OF THE NEWLY SET UP RETAIL OUTLET OF THE 4TH RESPONDENT. EXT.P2(a): COPY OF THE PHOTOGRAPH OF THE NEWLY SET UP RETAIL OUTLET OF THE 4TH RESPONDENT. EXT.P2(b): COPY OF THE PHOTOGRAPH OF THE NEWLY SET UP RETAIL OUTLET OF THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // P.A. TO JUDGE Rs/ KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.9220 OF 2006 --------------------------------------- Dated this the 1st day of September, 2008. J U D G M E N T This writ petition is filed with the following prayer: a) To issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 and 2 to take immediate action to verify the distance from the Kuzhinikathil Anthappallikkavu Durga temple to the entrance of the 5th respondent's premises from Shady Lane and to close down the shop immediately, if it is within prohibited distance. In case no orders have been passed on Exhibit P1, petitioners may produce a copy of this judgment along with copy of the writ petition before the first respondent, in which case, first respondent/competent authority will pass appropriate orders in accordance with law in the matter, with notice to the petitioners and 4th respondent and any other affected party, expeditiously. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 9220 OF 2006 J U D G M E N T 01.09.2008