Thobias T.J vs State Of Kerala
2021 Latest Caselaw 23168 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SATHISH NINAN
  WEDNESDAY, THE 24TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA, 1943
                       WP(C) NO. 24729 OF 2021
PETITIONER:

           THOBIAS T.J.,THANNIKKOTTU HOUSE, KOONAMMAVU,
           NORTH PARAVUR, ERNAKULAM 683518

           BY ADVS.
           K.P.SATHEESAN (SR.)
           P.MOHANDAS (ERNAKULAM)
           K.SUDHINKUMAR
           S.K.ADHITHYAN
           SABU PULLAN
           GOKUL D. SUDHAKARAN


RESPONDENTS:

  1    STATE OF KERALA,REPRESENTED BY THE SECRETARY, TAXES
       DEPARTMENT, GOVERNMENT SECRETARIAT, THHIRUVANANTHAPURAM 695
       001

  2    THE COMMISSIONER OF EXCISE,EXCISE HEADQUARTERS, NANTHAVANAM
       P.O, THIRUVANANTHAPURAM 695 033

  3    KERALA STATE BEVERAGES CORPORATION,REPRESENTED BY ITS
       MANAGING DIRECTOR, BEVCO TOWER, CANTONMENT HOUSE ROAD,
       VIKAS BHAVAN P.O, PALAYAM P.M.G, THIRUVANANTHAPURAM 695 033

  4    THE DEPUTY COMMISSIONER OF EXCISE,OFFICE OF THE DEPUTY
       COMMISSIONER OF EXCISE, ERNAKULAM, KOCHI 682 018

       SR. GP SRI. BIMAL K NATH


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) NO.24729 OF 2021
                                     2



                                 JUDGMENT

The petitioner is aggrieved by the establishment

of a Foreign Liquor shop near Chirakkakam bus stop

at Varapuzha Junction. According to the petitioner,

it is a thickly populated residential area and the

establishment of the Foreign Liquor shop is a

nuisance to the residents. Raising the grievance,

the petitioner submitted Ext P9 representation

before the 2nd respondent. The same is pending

consideration.

After hearing the learned counsel for the

petitioner, the learned senior Government Pleader

and also the learned standing counsel for 3 rd

respondent, writ petition is disposed of directing

the 2nd respondent to consider Ext P9 representation

and pass appropriate orders after affording an

opportunity of hearing to the petitioner and 3 rd

respondent. The orders shall be passed as

expeditiously as possible and at any rate within a W.P(C) NO.24729 OF 2021

period of two months from the date of receipt of a

copy of this judgment.

Sd/-

SATHISH NINAN JUDGE vdv W.P(C) NO.24729 OF 2021

APPENDIX OF WP(C) 24729/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER NO. E4-

2521/2019 DATED 3-7-2019 ISSUED BY THE 4TH RESPONDENT

Exhibit P2 TRUE COPY OF THE NOTICE NO. A2-7462/18 DATED 27-07-2019 PUBLISHED BY THE VARAPUZHA GRAMA PANCHAYATH

Exhibit P3 TRUE COPY OF THE NOTICE ISSUED BY THE POURASAMATHI, VARAPUZHA DATED 13-10-

Exhibit P4 TRUE COPY OF THE LIST OF SIGNATORIES WHO SIGNED TO SUBMIT BEFORE THE HON'BLE EXCISE MINISTER.

Exhibit P5 TRUE COPY OF THE PHOTOGRAPH SHOWING

Exhibit P6 TRUE COPY OF THE PANCHAYATH SHOWING THE MASS RALLY CONDUCTED BY WOMEN DATED 5-1-2020

Exhibit P7 TRUE COPY OF THE PHOTOGRAPH OF A PROCESSION LEAD BY THE PRIEST OF THE VARAPUZHA CHURCH DATED 3-3-2020

Exhibit P8 TRUE COPY OF THE PHOTOGRAPH SHOWING THE MASS RALLY LED BY THE NEWLY ELECTED PRESIDENT OF THE VARAPUZHA PANCHAYATH

Exhibit P9 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PRESIDENT OF THE PANCHAYATH BEFORE THE 2ND RESPONDENT DATED 20-09-

Exhibit P10 TRUE COPY OF THE COMPLAINT FILED BY THE CONVENOR OF THE VARAPUZHA PEOPLES ACTION COMMITTEE BEFORE THE 2ND RESPONDENT DATED 14-11-2019