Suja Unnikrishnan vs The Commissioner Of Excise
2022 Latest Caselaw 1915 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
                    WP(C) NO. 5575 OF 2022
PETITIONERS:

 1   SUJA UNNIKRISHNAN,AGED 40 YEARS,KONNAMPARAMBU,
     PALLIPPURAM, CHERAI, ERNAKULAM - 683514.

 2   N.G.SIVADAS,CHAIRMAN, KERALA PRATHIKARANA SAMITHI
     (REG.NO. EKM/TC/339/2013_ NJARAKKAL, KOCHI - 682505,
     RESIDING AT NIKATHIL, PERUMPILLY, NJARAKKAL,
     KOCHI - 682505.

            BY ADVS.
            K.JAJU BABU (SR.)
            M.U.VIJAYALAKSHMI
            BRIJESH MOHAN


RESPONDENTS:

 1   THE COMMISSIONER OF EXCISE
     COMMISSIONERATE OF EXCISE, NANDAVANAM, PALAYAM,
     THIRUVANANTHAPURAM - 695033.

 2   THE DEPUTY COMMISSIONER OF EXCISE
     ERNAKULAM, KACHERIPPADY, ERNAKULAM - 682018.

 3   THE KERALA STATE BEVERAGES CORPORATION,
     BEVCO TOWER, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM -
     695033, REPRESENTED BY ITS MANAGING DIRECTOR,

 4   PALLIPPURAM GRAMA PANCHAYATH,CHERAI P.O, ERNAKULAM -
     683514, REPRESENTED BY ITS SECRETARY.

 5   THE SECRETARY,PALLIPPURAM GRAM PANCHAYATH, CHERAI
     P.O, ERNAKULAM - 683514.

     ADV.BIMAL K NATH, SR GP


     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   18.02.2022,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W P(C) NO.5575 of 2022
                                    2


                               JUDGMENT

The petitioners have approached this Court

aggrieved by the proposal of the 3 rd respondent to

shift the Foreign Liquor outlet from Valappu, where

it is presently located, to Karuthala in Cherai.

2. According to the petitioners, the 3 rd was

originally operating a liquor outlet at Cherai. On

the complaints of the local residents and on the

intervention of this Court in W.P(C) No.7897 of 2013

and Writ Appeal No.1638 of 2013, the shop was

shifted therefrom. Now, the proposal is to relocate

it back at Cherai, at a site which is less than 200

meters away from the site where the shop was

originally functioning. The petitioners and other

local residents have submitted Exts P3 to P5

complaints before the authorities.

3. Heard the learned counsel for the

petitioners, learned Government Pleader and also the

learned standing counsel for the 3 rd respondent. W P(C) NO.5575 of 2022

4. For the present it would be sufficient if the

petitioner submits a representation before the 2 nd

respondent and he considers the grievance.

5. Accordingly it is ordered that, in the event

of the petitioners submitting a representation

before the 2nd respondent objecting to the grant of

licence in favour of the 3rd respondent for

functioning of Foreign Liquor shop at Karuthala in

Cherai, the same shall be considered prior to the

grant of licence, if licence has not already been

granted. While considering the grievance of the

petitioners, the petitioners and the 3 rd respondent

shall be put on notice and heard.

Writ petition disposed of as above.

Sd/-

Sathish Ninan, Judge vdv W P(C) NO.5575 of 2022

APPENDIX PETITIONER'S EXHIBITS:

EXT P1 TRUE COPY OF THE JUDGMENT DATED 01.07.2013 IN W.P(C) NO.7897/2013 OF THIS HON'BLE COURT. EXT P2 TRUE COPY OF THE JUDGMENT DATED 09.12.2013 IN W.A NO.1638/2013 OF THIS HON'BLE COURT. EXT P3 TRUE COPY OF THE COMPLAINT DATED 02.02.2022 SUBMITTED BY THE 1ST PETITIONER AND OTHERS BEFORE THE NJARAKKAL EXCISE INSPECTOR. EXT P4 TRUE COPY OF THE COMPLAINT DATED 29.12.2021 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 5TH RESPONDENT.

EXT P5 TRUE COPY OF THE COMPLAINT DATED 14.02.2022 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT.