IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 30TH JULY 2010 / 8TH SRAVANA 1932 WP(C).No. 21284 of 2010(I) -------------------------- PETITIONER(S): --------------- 1. KERALA PULAYAR MAHA SABHA, BRANCH NO.21, REG.NO.13/1970, REPRESENTED BY ITS PRESIDENT C.V.SABU, RESIDING AT AYANA NIVAS, PALLITHODU.P.O, CHERTHALA, PIN-688 584. 2. K.K.CHANDRAN, KARUVAKKANDAM, PALLITHODU.P.O, CHERTHALA, ALAPPUZHA,PIN-688 584. BY ADV. SRI.P.V.JAYACHANDRAN SMT.KEERTHI SOLOMON RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA. 2. ASSISTANT EXCISE COMMISSIONER, ALAPPUZHA. 3. THE EXCISE CIRCLE INSPECTOR, CHERTHALA. 4. DINESAN, S/O.KESAVAN, PUNNAKKAL HOUSE, THURAVOOR.P.O, CHERTHALA, ALAPPUZHA-683 652. ADV. SRI.T.R.JAGADEESH FOR R4 GOVERNMENT PLEADER FOR R1-3 SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 21284 of 2010-I - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of July, 2010. JUDGMENT The petitioners herein are aggrieved by the steps taken to license a toddy shop near a Harijan colony, the location of which is in Ward No.2 of Kuthiathodu Grama Panchayat. According to the petitioners, in view of Rule 7(2) of the Kerala Abkari Shops (Disposal in Auction) Rules, 2002, no toddy shops shall be located within 400 meters from an Educational Institution, Temple, Church, Mosque, Burial ground and Scheduled Caste/Scheduled Tribes Colonies. The petitioners have complained that the 4th respondent is trying to locate the toddy shop near the IHDP Harijan Colony. Aggrieved by the refusal of the respondents to take any action, this writ petition is filed. 2. The 4th respondent has filed a counter affidavit. It is pointed out that the licence has been issued. 3. The remedy of the petitioners is under Rule 7(3) of the Rules. Rule 7(3) confers power on the Commissioner of Excise to order the transfer of shops from one site or locality to another site or locality or to alter the specified limits of any shop even during the currency of the wpc 21284 2 contract or to order any shops to be closed in the interest of public peace or morality. 4. Therefore, the competent authority to consider the grievances raised by the petitioners, will be the Commissioner of Excise. If the petitioners file appropriate representation before the Commissioner of Excise along with a copy of this judgment, the same will be considered on merits, after hearing the parties, within a further period of six weeks from the date of receipt representation. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/