IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 WP(C).No. 36875 of 2008(M) -------------------------- PETITIONER(S): --------------- ABEESHKUMAR, S/O.BALAN, KAROTTU HOUSE, MANNAMPETTA, AMBALLOOR, MUKUNDAPURAM TALUK, THRISSUR DISTRICT (LICENSEE OF T.S.NO.65, 'CHITTISSERY'). BY ADV. SRI.M.C.JOHN RESPONDENT(S): --------------- 1. THE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXCISE COMMISSIONER, THRISSUR. 3. THE EXCISE CIRCLE INSPECTOR, IRINJALAKUDA, THRISSUR. GOVT. PLEADER SRI. K.. MOHAMMED ANZAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 36875 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 16th January, 2009. J U D G M E N T The petitioner is challenging Ext. P9 order, whereby the petitioner's application for shifting of his toddy shop to the local limits of another toddy shop, on account of the fact that the land in which the petitioner's toddy shop was located was acquired for the purpose of widening National Highway, has been rejected. The contention of the petitioner is that the licensee of both the toddy shops is the petitioner himself and therefore nobody would be prejudiced if the local limits of the two toddy shops are re-fixed so that the petitioner can shift the present toddy shop to a suitable location and run both toddy shops simultaneously. The petitioner therefore seeks the following reliefs: “a) Call for the records relating to Ext. P9. b) issue a writ of certiorari quashing Ext. P9. c) issue a writ of mandamus directing the 1st respondent to pass fresh orders permitting the petitioner to shift T.S.No. 65, 'Chittissery', to the new building No. IV/24-25, mentioned in Ext. P2 application. d) issue a writ of mandamus to the 2nd respondent to make necessary modifications in Ext. P1 licence in the Schedule in accordance with the shifting of the shop to the new premises.” 2. The Government Pleader, on instructions, submits that although the Excise Commissioner had passed Ext. P9, the request of the petitioner for re-fixation of the local limits of the two toddy shops is being considered by the Excise Commissioner. In the above circumstances, I dispose of this writ petition with a direction to the 1st respondent to take a decision on the re-fixation of the local limits of the two toddy shops to see whether the petitioner's W.P.C. No. 36875/08 -: 2 :- toddy shop involved in the writ petition can be suitable located in an unobjectionable place, as expeditiously as possible at any rate within one month from the date of receipt of a copy of this judgment. Sd/- S. Siri Jagan, Judge. Tds/ [true copy] P.S to Judge.