Abhijith V.G vs State Of Kerala

Citation : 2021 Latest Caselaw 173 Ker
Judgement Date : 5 January, 2021

Kerala High Court
Abhijith V.G vs State Of Kerala on 5 January, 2021
               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942

                      WP(C).No.23680 OF 2020(H)


PETITIONERS:

      1        ABHIJITH V.G.
               AGED 24 YEARS
               S/O. GOPALAKRISHNAN, RESIDING AT VADAKKEKAVUCKAL
               HOUSE, PAKALOMATTOM, KALIKAVU KARA, KURAVILANGADU
               VILLAGE, KOTTAYAM DISTRICT.

      2        MANUMON MATHEW
               AGED 34 YEARS
               SON OF MATHEW, VATTAVELIL HOUSE, PAKALOMATTOM,
               KALIKAVU KARA, KURAVILANGADU VILLAGE, KOTTAYAM
               DISTRICT.

               BY ADV. SRI.P.C.HARIDAS

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF
               EXCISE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-
               695 001.

      2        THE COMMISSIONER OF EXCISE
               THIRUVANANTHAPURAM-695 001.

      3        THE DEPUTY EXCISE COMMISSIONER
               KOTTAYAM-686 001.

      4        THE CIRCLE INSPECTOR OF EXCISE
               KURAVILAGADU, KOTTAYAM DISTRICT-686 633.

      5        KERALA STATE BEVERAGES CORPORATION (M AND M) LTD.
               BEVCO TOWER, VIKAS BHAVAN P.O., PALAYAM,
               THIRUVANANTHAPURAM-695 033, REPRESENTED BY ITS
               MANAGING DIRECTOR.


OTHER PRESENT:

               SRI.NAVEEN T,SC SR.GP BIMAL K NATH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.23680 OF 2020(H)
                                      2



                                JUDGMENT

Dated this the 5th day of January 2021 The grievance of the petitioners herein is that Ext.P2 application submitted by them before the Managing Director of the 5th respondent-Corporation objecting to the shifting of a foreign liquor shop is still pending without consideration. When the matter was taken up, the learned Standing Counsel for the Beverages Corporation submitted that shifting will be done only after evaluating all possible objections and also the feasibility of shifting.

2. Having consider this, I am inclined to dispose of the writ petition with a direction that final decision shall be taken by the 5th respondent after having due regard to the objections made in Ext.P2 also.

The writ petition is accordingly dismissed.

Sd/-

SUNIL THOMAS JUDGE SKP/5-1 WP(C).No.23680 OF 2020(H) 3 APPENDIX PETITIONERS'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ROUGH SKETCH OF THE SITE. EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 2.1.2020 SUBMITTED BY THE PETITIONERS. RESPONDENTS'S EXHIBITS: NIL TRUE COPY P.A. TO JUDGE