K.B Mukesh vs State Of Kerala
2022 Latest Caselaw 12484 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
     FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
                       WP(C) NO. 42117 OF 2022
PETITIONER:

          K.B.MUKESH
          AGED 48 YEARS
          S/O.BALAKRISHNAN
          KURUVANGATTIL HOUSE
          PALAZHI, MANALUR POST
          THRISSUR DISTRICT, PIN680617


          , PIN - 680617

          BY ADV DAISY A.PHILIPOSE



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY REPRESENTED BY THE CHIEF SECRETARY
          SECRETARIAT
          THIRUVANANTHAPURAM, PIN - 695001

    2     THE SECRETARY TO GOVERNMENT
          DEPARTMENT OF TAXES, SECRETARIAT
          THIRUVANANTHAPURAM, PIN - 695001

    3     COMMISSIONER OF EXCISE
          OFFICE OF THE COMMISSIONER OF EXCISE
          EXCISE HEAD QUARTERS, NANDAVANAM
          PALAYAM.P.O., THIRUVANANTHAPURAM, PIN - 695033

          SRI.JIMMY GEORGE, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.42117/2022                      2




                                 JUDGMENT

Petitioner is a successful bidder in the auction sale of privilege

for vending toddy in respect of toddy shop Nos.1 to 38 in Excise

Range of Thrissur for the year 2020-2023 as evident from Ext.P1.

2. The long and short of the contention of the petitioner in

the present Writ Petition is that Rule 7(2) of Abkari Shops Disposal

Rules, 2002 provided different distances for opening the foreign

liquor shop and toddy shop from educational institution, temple,

church, mosque, burial ground and schedule caste/schedule tribe

colonies and for five star bar, a distance of only 50 mtrs. is

provided. It has adversely affected the petitioner as he could not

find suitable places for locating shop Nos.1, 2, 8, 10, 15, 23, 33

and 37 and in this regard, a representation has already been

submitted. This Court had already in one of the Writ Petitions with

the same request, issued directions to the competent authority to

dispose of the representation.

2. Since the petitioner has already made a representation,

I deem it appropriate to dispose of the Writ Petition by issuing

directions to respondent No.1 to take a call on the representation

Ext.P2 dated 23.09.2022 in accordance with law after affording

opportunity of hearing to the petitioner and as well as any affected

persons who are also seeking redressal of the similar grievance.

Writ Petition stands disposed of.

Sd/-

AMIT RAWAL JUDGE csl

APPENDIX OF WP(C) 42117/2022

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE LETTER DATED 22/12/2021, ISSUED BY THE 3RD RESPONDENT TO THE TODDY SHOP LICENSEE' ASSOCIATION, ALONG WITH ITS TRANSLATION.

Exhibit P2 A TRUE COPY OF THE REPRESENTATION DATED 23/9/2022, SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

Exhibit P3 A TRUE COPY OF THE INTIMATION DATED 11/11/2022 RECEIVED FROM THE POST OFFICE REGARDING THE DELIVERY OF THE POSTAL ARTICLE.