IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
WP(C) NO. 21083 OF 2022
PETITIONER:
ABDUL RAHIMAN N.,
AGED 32 YEARS,
S/O.NOOR MUHAMMED A, A.M. MANZIL,
KARIPPANKULANGARA, VADATTUPADAM,
KODUVAYUR P.O, PIN 678 501, PALAKKAD DISTRICT.
BY ADV GAJENDRA SINGH RAJPUROHIT
RESPONDENTS:
1 STATE OF KERALA,
REP. BY SECRETARY, TAXES (A) DEPARTMENT,
GOVT. SECRETARIAT, THIRUVANANTHAPURAM 695 033.
2 THE EXCISE COMMISSIONER,
COMMISSIONERATE OF EXCISE, EXCISE HEAD QUARTERS,
NANDAVANAM, THIRUVANANTHAPURAM- 695 033.
3 THE DEPUTY COMMISSIONER OF EXCISE,
EXCISE DIVISION OFFICE, 2ND FLOOR, CIVIL STATION,
PALAKKAD 680 001.
4 THE CIRCLE INSPECTOR OF EXCISE,
CHITTUR, MINI CIVIL STATION, PALAKKAD , PIN 678 101.
5 THE CHITTUR MUNICIPALITY, CHITTUR,
PALAKKAD DISTRICT, PIN 678 104,
REPRESENTED BY ITS SECRETARY.
6 KERALA STATE BEVERAGES MANUFACTURING AND MARKETING)
CORPORATION LTD, THIRUVANANTHAPURAM,
REPRESENTED BY ITS MANAGING DIRECTOR, BEVCO TOWER,
VIKAS BHAVAN, PALAYAM P.O, THIRUVANANTHAPURAM- 695 033.
7 THE MANAGER,
KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING),
CORPORATION LTD., FL-1 SHOP NO.9004, KODUVAYUR,
PALAKKAD DISTRICT, PIN 678 501.
BY ADVS.
SRI.JIMMY GEORGE, GP FOR R1 TO R4
SRI.V.N.HARIDAS, FOR R5
SRI.T.NAVEEN, SC, FOR R6 & R7,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.21083 OF 2022
2
MURALI PURUSHOTHAMAN, J.
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WP(C) No. 21083 OF 2022
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Dated this the 29th day of June, 2022
JUDGMENT
The petitioner has filed this writ petition aggrieved by the functioning of the Foreign Liquor Shop No.9004 under the management of respondents 6 and 7 which is located within 200 meters from the gate of Meleppalli Noor Muhammed Mosque in Koduvayur in Palakkad District.
2. It is submitted by the learned Counsel for the petitioner that the functioning of the liquor shop is causing inconvenience to the worshippers and the people of the locality. Accordingly, the petitioner has filed Ext.P1 representation before the respondents objecting to the shifting of the shop to the present site. The limited prayer of the petitioner in the writ petition is for a direction to respondents 2 and 3 to consider Ext.P1 representation, expeditiously.
WP(C) No.21083 OF 2022 3
3. Heard the learned Counsel for the petitioner, the learned Government Pleader for respondents 1 to 4, Sri.V.N.Haridas, learned Counsel for the 5 th respondent and learned Standing Counsel for the 6th and 7th respondents.
4. In the facts and circumstances of the case and having considered the limited prayer made by the counsel for the petitioner, this writ petition is disposed of with a direction to the 2nd respondent to consider Ext.P1 representation after hearing the petitioner, 6th and 7th respondents. This shall be done within a period of two months from the date of receipt of a copy of this judgment. It is made clear that I have not expressed any opinion on the merits of Ext.P1 pending before the 2nd respondent. The 2nd respondent can hear the parties physically or virtually. The petitioner shall produce a copy of the writ petition along with the Judgment before the 2 nd respondent.
Sd/-
MURALI PURUSHOTHAMAN JUDGE nk WP(C) No.21083 OF 2022 4 APPENDIX OF WP(C) 21083/2022 PETITIONER EXHIBITS Exhibit P1 PHOTOCOPY OF THE PETITION DATED 17.06.2022 SUBMITTED TO THE RESPONDENTS.