T. Fousiya vs State Of Kerala
2021 Latest Caselaw 2678 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

     THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

                            &

         THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

  FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942

                 WP(C).No.5277 OF 2014(S)


PETITIONERS:

     1     T. FOUSIYA
           FOUSIYAS,P O MOWANCHERY,
           KANNUR DISTRICT, PIN-670613

     2     T CHANDRAN
           KANNAN NIVAS, KOYYODE P O,
           KANNUR DIST, PIN-670621

     3     M MUSTHAFA MASTER
           MEMBER WARD NO 3,
           CHEMBILODE GRAMA PANCHAYATH,
           P O MOWANCHERY, KANNUR DISTRICT-670613

           BY ADVS.
           SRI.P.M.PAREETH
           SRI.MOHAMMED SHAMEEL
           SMT.SONIA GEORGE

RESPONDENTS:

     1     STATE OF KERALA
           REP BY CHIEF SECRETARY TO GOVT.OF KERALA,
           GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM-695001

     2     DEPUTY EXCISE COMMISSIONER
           KANNUR DIVISION, CIVIL STATION,
           KANNUR-670002

     3     ASSISTANT EXCISE COMMISSIONER
           KANNUR RANGE, CIVIL STATION,
           KANNUR-670002
   W.P.(C).5277/2014
                               2

      4        DISTRICT COLLECTOR, KANNUR
               COLLECTORATE, CIVIL STATION,
               KANNUR-670002

      5        CHEMBILODE GRAMA PANCHAYATH
               REP BY ITS SECRETARY, P O MOWANCHERRY,
               KANNUR DIST, PIN-670613

      6        AJITH BABU
               LICENCEE, TODDY SHOP NO 25,
               POOVATHUMTHARA, P O MOWANCHERY,
               KANNUR DIST, PIN-670613


               SRI. SURIN GEORGE IPE SR GP FOR R1 TO R4,
               SRI.I.V.PRAMOD FOR R5,
               SRI.P.NARAYANAN FOR R6

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 22-01-2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
        W.P.(C).5277/2014
                                         3



                                   JUDGMENT

Dated this the 22nd day of January, 2021

S. Manikumar, CJ.

Petitioners have sought for a direction calling for the records

leading to rule 7(2) of Kerala Abkari Shops Disposal Rules 2002 to the

extent it permits running of toddy shops in busy residential areas and

strike down the same as unconstitutional and ultravires of Article 19(d)

(e) and Article 21 of the Constitution of India. Petitioners have also

sought for a mandamus directing the 2nd respondent to recall the

sanction granted to the 6th respondent for shifting toddy shop No.25 from

ward No.2 to building No.296 in ward No.3 of 5th respondent Panchayat.

2. On this day, when the matter came up for hearing, learned

counsel for the petitioner submitted that the toddy shop has already

been shifted.

3. On going through the material on record as well as the

statutory provisions, we find that the petitioners have not made out a

case to declare rule 7(2) of Kerala Abkari Shops Disposal Rules 2002

as ultravires of Constitution of India. Hence both prayers cannot be

granted. Writ petition is dismissed.

Sd/-

S. Manikumar, Chief Justice

Sd/-

Shaji P. Chaly, Judge sou.

W.P.(C).5277/2014

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 P1:-A TRUE PHOTOCOPY OF THE MASS PETITION DTD 31/12/2013 SUBMITTED BY THE CITIZENS OF WARD NO 3 BEFORE THE EXCISE COMMISSIONER

EXHIBIT P1(a):- A TRUE ENGLISH TRANSLATION OF EXT.P1

EXHIBIT P2:- A TRUE PHOTOCOPY OF THE RESOLUTION DTD. 5/1/2014 PASSED BY THE GRAMA SABHA OF WARD NO 3 OF 5TH RESPONDENT PANCHAYATH

EXHIBIT P2(a):- A TRUE ENGLISH TRANSLATION OF EXT P2

EXHIBIT P3:- A TRUE PHOTOCOPY OF THE REPRESENTATION DTD 13/1/2014 SUBMITTED BY THE FIRST PETITINER BEFORE THE 4TH RESPONDENT

EXHIBIT P3(A):- A TRUE ENGLISH TRANSLATION OF EXT P3