IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 WP(C).No. 16166 of 2007(Y) --------------------------------------- PETITIONER(S): ---------------------- 1. K.PRABHAKARAN PILLAI, AGED 79, S/O.KRISHNA PILLAI, PONGALIL HOUSE, VALAMBOOR, NORTH MAZHUVANNOOR P.O., VIA MUDAVOOR. 2. K.C. RAJU, S/O.CHOTHY, THILAKURINJI HOUSE, VALAMBOOR, NORTH MAZHUVANNOOR, VIA MUDAVOOR. BY ADV. MR.V.RAJENDRAN (PERUMBAVOOR) MR.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY SECRETARY, EXCISE DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM. 2. THE EXCISE CIRCLE INSPECTOR, EXCISE RANGE OFFICE, PERUMBAVOOR. 3. THE ASSISTANT EXCISE COMMISSIONER, KACHERIPPADY, ERNAKULAM. 4. N.M.KUNJAN, KALLUCHETHU THOZHILALI SAHAKARANA SANGAM, REG.NO.E-1042, PERUMBAVOOR. 5. KOMALAM, W/O.RAJU, ANISSERIMARI HOUSE, VALAMBOOR, NORTH MAZHUVANNOOR. R1 TO R3 BY GOVERNMENT PLEADER MR.TEK CHAND. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 16166/2007-Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PETITION DATED 21/04/2007 SUBMITTED BY THE PETITIONER TO RESPONDENTS 2 TO 4. EXT.P2 (A TO C): COPY OF THE POSTAL ACKNOWLEDGEMENT CARD SERIES 3 IN NUMBER. EXT.P3: COPY OF THE NOTICE DATED 04/05/2007 ISSUED THE PETITIONERS TO RESPONDENTS 2 & 3. EXT.P4 (A TO C): COPY OF THE POSTAL ACKNOWLEDGEMENT CARDS SERIES 3 IN NUMBERS. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 16166 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 11th June, 2009. J U D G M E N T The petitioners are aggrieved by the running of a toddy shop by respondents 4 and 5, which, according to the petitioners, is within 50 meters from an approved Harijan Colony. The petitioners therefore, seek the following relief: “Issue a writ of mandamus or any other appropriate writ, order or direction, directing respondents 2 and 3 to take immediate steps to close down T.S.No. 42 run by 4th respondent in the building of the 5th respondent and if any licence is issued for that, to cancel the same forthwith.” This Court passed an interim order on 4-6-2007 as follows: “Respondents 2 and 3 shall see that the 4th respondent does not conduct any toddy shop without a proper licence.” 2. No counter affidavit has been filed by any of the respondents. Therefore, I must assume that the averments in the writ petition are correct. In the above circumstances, the writ petition is disposed of in terms of the interim order dated 4-6-2007. Sd/- S. Siri Jagan, Judge. Tds/