Ganapathy Iyer vs State Of Kerala

Kerala High Court

Ganapathy Iyer vs State Of Kerala on 23 May, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
             THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
        THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                       WP(C) NO. 29293 OF 2018
PETITIONERS:

    1       GANAPATHY IYER,
            AGED 68 YEARS
            S/O.LATE SUBRAMANIAN, VINDHYA, PERUMPUZHA, KOLLAM.
    2       KIRANDHARAN,
            AGED 21 YEARS
            S/O.YESODHARAN, 9/722, PUNNAVILA HOUSE, PERUMPUZHA,
            KOLLAM DISTRICT.
    3       JOMON.K.,
            AGED 1 YEARS
            S/O.KUNJUMON V., THADATHIVILA HOUSE, ELAMPALLUR,
            PERUMPUZHA, KOLLAM DISTRICT.
            BY ADV A.R. PRAVITHA


RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY SECRETARY TO GOVERNMENT, EXCISE
            DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
    2       THE EXCISE COMMISSIONER ,
            COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM- 695 001.
    3       THE DEPUTY EXCISE COMMISSIONER,
            CHINNAKKADA, KOLLAM- 691 001.
    4       DISTRICT COLLECTOR,
            KOLLAM- 691 001.
    5       THE MANAGING DIRECTOR,
            KERALA STATE BEVERAGES CORPORATION, BEVCO TOWER, VIKAS
            BHAVAN, PALAYAM P.O., THIRUVANANTHAPURAM.
            BY ADV GOVERNMENT PLEADER

            SRI.BIMAL K NATH-SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 29293 OF 2018

                                       2


                                JUDGMENT

1. The prayer in this writ petition is to direct the respondents 1 to 4 to close down or shift the Foreign Liquor outlet of the 5th respondent from Elamballur Grama Panchayat.

2. The learned Government Pleader, appears for the respondents 1 to 4, submits that the said Foreign Liquor outlet is already shifted to Mulavana Grama Panchayat from Elamballur Grama Panchayat.

Accordingly, nothing survives in this writ petition and the same is closed.

Sd/-

M.A.ABDUL HAKHIM JUDGE sms WP(C) NO. 29293 OF 2018 3 APPENDIX OF WP(C) 29293/2018 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF GOVERNMENT PUBLICATION OF THE SCHEDULED CAST COLONIES AND FAMILIES IN KERALA. EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN WRIT PETITION 26426/2017 DATED 11.08.2017. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY SYAMALA, W/O.SANKARAN BEFORE THE 3RD RESPONDENT DATED 24.08.2017. EXHIBIT P4 TRUE COPY OF THE MINUTES OF THE GRAMA PANCHAYAT DATED 04.04.2017. EXHIBIT P5 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 3RD PETITIONER DATED 09.08.2017 AND INFORMATION DATED 08.09.2017 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE PROCESSING OF THE 5TH RESPONDENT DATED 15.05.2017. EXHIBIT P7 TRUE COPY OF THE INFORMATION FURNISHED BY THE INFORMATION OFFICER OF THE EXCISE DEPARTMENT DATED 24.07.2017. EXHIBIT P8 TRUE COPY OF THE RELEVANT PAGE OF THE MANORAMA DAILY, KOLLAM EDITION DATED 06.09.2017.

EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 15.09.2017 SUBMITTED BY THE PETITIONERS WITH POSTAL RECEIPT.

EXHIBIT P10 TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO.30294/2017 DATED 12.04.2018. EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED 30.04.2018 BEFORE THE COMMISSIONER. EXHIBIT P12 TRUE COPY OF THE NEWS ITEM PUBLISHED IN MATHRUBHUMI DAILY DATED 23.06.2018. EXHIBIT P13 TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT NO.EXC/2005/2018/EX.C1 DATED 07.07.2018.

EXHIBIT P14 TRUE COPY OF THE REVISION DATED 01.08.2018 FILED BY THE PETITIONER WITH POSTAL ACKNOWLEDGMENT.