IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 WP(C).No. 21586 of 2008(T) -------------------------- PETITIONER: ------------ 1. SARALA S.MENON ,SANKALPA, THOTTUNGAL HOUSE, POONITHURA. 2. RAJESH MENON T.S.,DO..DO.. 3. A.RAVINDRAN NAIR,SREE RAGHAM, THOTTUNGAL HOUSE, POONITHURA P.O. 4. P.Z.CHACKOS, PADINJARE VEETTIL THOTTUNGAL HOUSE, POONITHURA ,PETTAH,KOCHI-38 5. THULASIDAS C.GOVIND,HARI GOVIND, THOTTUNGAL HOUSE, POONITHURA ,PETTAH,KOCHI-38 6. SAJU M.JOSEPH, MATTAMANA, THOTTUNGAL HOUSE, POONITHURA ,PETTAH,KOCHI-38 7. M.S.RAJU, NANDANAM, THOTTUNGAL HOUSE, POONITHURA ,PETTAH,KOCHI-38 8. S.P.ASHOK KUMAR,"CHITHRA" THOTTUNGAL HOUSE, POONITHURA ,PETTAH,KOCHI-38 9. REMANI, PULIKKAZHATH HOUSE THOTTUNGAL HOUSE, POONITHURA ,PETTAH,KOCHI-38 10. K.M.ASHRAF, WISDOM FOOT WEAR, PETTA JUNCTION,POONITHURA ,KOCHI-38 11. MOHAN K.C., ROYAL BAKERS, PETTA JUNCTION,POONITHURA ,KOCHI-38 12. SASIDHARAN C.G., SALINI DIGITAL STUDIO POONITHURA ,PETTA, KOCHI-38 BY ADV. SMT.SHAHNA KARTHIKEYAN SRI.V.ARUN WP(C).No. 21586 of 2008(T) -2- RESPONDENTS: ------------- 1. STATE OF KERALA REPRSENTED BY PRINCIPLE SECRETARY, TAXES SECRETARIAT TRIVANDRUM. 2. COMMISSIONER OF EXCISE ,TRIVANDRUM 3. ASST EXCISE COMMISSIONER ERNAKULAM 4. DISTRICT COLLECTOR, ERNAKULAM 5. BEVERAGES CORPORATION, RREPRESENTED BY ITS MANAGING DIRECTOR TRIVANDRUM R1 TO 4 BY GOVERNMENT PLEADER SMT. K.R.DEEPA BY ADV. SRI.P.J.ELVIN PETER,SC,BEVERAGES CORPN. FOR R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 21586 of 2008 -------------------------------------------------------- Dated: AUGUST 13, 2008 JUDGMENT The complaint of the residents of Poonithura area is regarding the shop maintained by the 5th respondent in building No.29/2581 GH. Petitioners contend that the shop is having FLI licence, but since indiscriminate consumption of alcohol is permitted in the premises, the life of the residents in that area has become miserable. On this basis petitioners seek orders from this Court requiring the respondents to shift the shop from the present location so that the residents can lead a peaceful life. 2. It is seen that urging this complaint, on behalf of the petitioners, Ext.P2 notice has already been given to the Commissioner of Excise, the competent authority to take a decision with regard to the matter complained of by the writ petitioners. Therefore I direct that the 2nd respondent shall take up, consider and pass orders on Ext.P2 with the WP(C) 21586/08 2 seriousness it deserves and as expeditiously as possible, and at any rate within six weeks of production of a copy of this judgment. 3. As already noticed, the complaint is regarding the indiscriminate consumption of alcohol on the premises of the shop referred to above. From the materials produced by the petitioners I have no reason to think that the complaint is without basis. This certainly is a matter for the 3rd respondent to take up and therefore I direct that the 3rd respondent shall take appropriate action to prevent violation of the licence conditions alleged to be taking place in the premises of the shop referred to above, maintained by the 5th respondent. 4. Petitioners shall produce a copy of this judgment before respondents 1 and 3 for compliance. Writ petition is disposed of as above ANTONY DOMINIC JUDGE mt/-