IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 14TH NOVEMBER 2007 / 23RD KARTHIKA 1929 WP(C).No. 18554 of 2007(H) --------------------------------------- PETITIONER: ------------------- K.V.PARAMESWARAN NAMBOOTHIRI, S/O PARAMESWARAN NAMBOOTHIRI, AGED 43 YEARS, KEEZHATHOOR ILLAM, 37/1786, P.O.KARUVASSERY, KARAPARAMBA, KOZHIKODE. BY ADV. SRI.P.S.SREEDHARAN PILLAI, SRI.K.B.SAJEESH, SMT.C.G.PREETHA, SMT.RANI DIOTHIMA.P. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOZHIKODE. 3. THE CORPORATION OF KOZHIKODE REPRESENTED BY ITS SECRETARY, KOZHIKODE. 4. THE EXCISE COMMISSIONER, KOZHIKODE. 5. SRI. CHANDRASEKHARAN, SECRETARY, TODDY SHOP NO.4- TODDY TAPPERS CO-OPERATIVE SOCIETY, RESIDING AT AKKARAPARAMBU HOUSE, KAKKODI, CHELANNOOR. BY ADV. SRI.P.V.KUNHIKRISHNAN,SC,KOZHIKODE CORPN., ADV. SRI.T.R.RAVI, ADV. SRI.P.S.MURALI, GOVT. PLEADER SRI. P.K. RAVIKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/11/2007,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.18554/2007-H: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE MASS PETITION SUBMITTED BEFORE THE R.4. DTD. 24/05/2007. EXT.P.1.A: COPY OF THE SKETCH OF THE LOCATION. EXT.P.2: COPY OF THE PETITION SUBMITTED BEFORE THE EXCISE COMMISSIONER DTD. 26/04/2007. EXT.P.3: COPY OF THE PETITION SEEKING INFORMATION FROM THE R.3. DT. 07/05/2007. EXT.P.4: COPY OF THE INFORMATION FURNISHED BY THE R.3. DTD. 31/05/2007. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.18554 OF 2007 ------------------------------------------- Dated this the 14th day of November, 2007 JUDGMENT Petitioner contends that Toddy Shop No.4 run by the Toddy Tappers Co-operative Society, Karapparambu, Kozhikode is housed in a manner violating the distance rule in the Abkari Laws. Learned Government Pleader submits on the basis of instructions from the Excise Commissioner that there is no violation of the distance rule and there is no inconvenience caused to the local public. 2. Having regard to the aforesaid, it is appropriate that Ext.P2 is taken up by the Excise Commissioner and the matter decided, after calling for a detailed report. Let this be done within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.