Shyju vs State Of Kerala
2023 Latest Caselaw 4352 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
    THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 11TH DAY OF APRIL 2023 / 21ST CHAITHRA, 1945


                 WP(C) NO. 6307 OF 2023
PETITIONERS:

    1    BABUKUTTAN T,
         AGED 46 YEARS
         S/O.THANKAPPAN, SREEJA BHAVANAM, JAYANTHI COLONY,
         PERAYAM, MULAVANA P.O., KOLLAM, PIN - 691503

    2    SAIJU B.,
         AGED 46 YEARS
         S/O.BENCHAMIN, SAIJU BHAVANAM, JAYANTHI COLONY,
         PERAYAM, MULAVANA P.O., KOLLAM, PIN - 691503

         BY ADVS.
         B.MOHANLAL
         P.S.PREETHA
         ASWIN V. NAIR
         ABIJITH M.


RESPONDENTS:

    1    STATE OF KERALA,
         REPRESENTED BY THE PRINCIPAL SECRETARY TO
         GOVERNMENT, TAXES DEPARTMENT (EXCISE),
         SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001

    2    THE COMMISSIONER OF EXCISE,
         GOVERNMENT OF KERALA, NANDAVANAM,
         THIRUVANANTHAPURAM., PIN - 695033

    3    THE DISTRICT COLLECTOR,
         COLLECTORATE, CUTCHERRY P.O., KOLLAM., PIN -
         691013
 W.P(C) Nos.4153 & 6307 of 2023

                                 2


     4       THE DEPUTY COMMISSIONER OF EXCISE,
             EXCISE COMPLEX, CHINNAKKADA, KOLLAM., PIN -
             691001

     5       THE CIRCLE INSPECTOR OF EXCISE
             CHINNAKKADA, KOLLAM., PIN - 691001

     6       THE EXCISE RANGE INSPECTOR,
             KOLLAM EXCISE RANGE, CHINNAKKADA, KOLLAM, PIN -
             691001

     7       THE KERALA STATE BEVERAGES (MANUFACTURING &
             MARKETING) CORPORATION LIMITED,
             REPRESENTED BY ITS MANAGING DIRECTOR,
             SASTHAMANGALAM, THIRUVANANTHAPURAM., PIN - 695010

     8       THE MANAGER FL-9,
             THE KERALA STATE BEVERAGES (MANUFACTURING &
             MARKETING) CORPORATION LIMITED, KARICODE
             P.O.,KOLLAM .,                  PIN - 691005

     9       THE KUNDARA GRAMA PANCHAYATH,
             REPRESENTED BY ITS SECRETARY, KUNDARA. P.O.,
             KOLLAM., PIN - 691501

    10       SRI.SAJI,
             S/O.SASIDHARAN, GEETHAM VEEDU, H.NO:101-B,
             JANAYUGAM NAGAR, KADAPPAKKADA P.O., KOLLAM-691
             008,                    FROM SAJI MANDIRAM,
             POTTIMUKKU,MULAVANA P.O., KUNDARA, KOLLAM., PIN -
             691503

             BY ADVS.
             SHRI.MANOJ RAMASWAMY, SC, BUREAU OF INDIAN
             STANDARDS
             SRI T NAVEEN, SC

             K.B.PRADEEP
             HARISANKAR R
 W.P(C) Nos.4153 & 6307 of 2023

                                 3



            SMT AMMINIKUTTY, SR GOVERNMENT PLEADER



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.04.2023, ALONG WITH WP(C).4153/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) Nos.4153 & 6307 of 2023

                                 4



         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
     THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 TUESDAY, THE 11TH DAY OF APRIL 2023 / 21ST CHAITHRA, 1945

                        WP(C) NO. 4153 OF 2023

PETITIONERS:

     1      SHYJU,
            AGED 40 YEARS
            S/O LASAR, KULAKKALA, JAYANTHI COLONY, PERAYAM,
            MULAVANA, KOLLAM, PIN - 691503

     2      GOPAKUMAR,
            AGED 42 YEARS
            C/O VIJI, GOKULAM, PERAYAM, MULAVANA P.O, KOLLAM,
            PIN - 691503

            BY ADVS.
            SHAKTHI PRAKASH
            V.A.VINOD


RESPONDENTS:

     1      STATE OF KERALA,
            REPRESENTED BY ITS SECRETARY, EXCISE DEPARTMENT,
            GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
            PIN - 695001

     2      THE EXCISE COMMISSIONER,
            KERALA STATE EXCISE DEPARTMENT, EXCISE HEAD
            QUARTERS, NANDAVANAM, VIKAS BHAVAN P.O.,
            THIRUVANANTHAPURAM,         PIN - 695033

     3      THE DEPUTY EXCISE COMMISSIONER,
            EXCISE DIVISION OFFICE, EXCISE COMPLEX,
 W.P(C) Nos.4153 & 6307 of 2023

                                 5


            CHINNAKADA, KOLLAM, PIN - 691001

     4      THE KERALA STATE BEVERAGES CORPORATION LTD,
            HEAD OFFICE, BEVCO TOWER, VIKAS BHAVAN P.O.,
            THIRUVANANTHAPURAM, PIN - 695033, REPRESENTED BY
            ITS MANAGING DIRECTOR.,

     5      THE KUNDARA GRAMA PANCHAYATH
            REPRESENTED BY ITS SECRETARY, KUNDARA P.O, KOLLAM,
            PIN - 691501

     6      THE DISTRICT COLLECTOR,
            COLLECTORATE, KOLLAM, PIN - 691013

     7      SAJI,
            S/O SASIDHARAN, SAJI MANDIRAM, POTTIMUKKU,
            MULAVANA P.O, KOLLAM, PIN - 691501

            BY ADVS.

            MANOJ RAMASWAMY, SC
            SRI T NAVEEN, SC

            K.B.PRADEEP
            HARISANKAR R

            SMT AMMINIKUTTY, SR GOVERNMENT PLEADER



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2023, ALONG WITH WP(C).6307/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) Nos.4153 & 6307 of 2023

                                  6




                                 JUDGMENT

Sri Saji, the 10th respondent in WP (C) No.6307 of 2023 (7th

respondent in WP(C) No.4153 of 2023) is the owner of a building

bearing No 13/627 of Kundara Grama Panchayath. A liquor outlet of the

Kerala State Beverages Corporation Ltd (hereinafter referred to as

BEVCO) is proposed to be opened in the above building. The petitioners

in WP (C) No.6307 of 2023 are members of the Scheduled Tribe

community residing at the Jayanthi Colony whereas the petitioners in

WP (C) No.4153 of 2023 are residents of the area. Their common

contention is that ignoring the objections raised by them, the

respondents are planning to open the outlet in the building in question.

They contend that if the liquor vending shop is opened, it would cause

serious nuisance and inconvenience to the local populace in general and

to the women and children of that area in particular. In the said

circumstances, the petitioners in WP (C) No.6307 of 2023 are stated to

have submitted Exhibit P5 representation produced in the writ petition W.P(C) Nos.4153 & 6307 of 2023

before the Commissioner of Excise and Exhibit P6 representation

purportedly under Section 54 of the Abkari Act before the District

Collector. The petitioners in WP (C) No.4153 of 2023 have also

submitted Exhibit P1 representation before the Excise Commissioner.

2. As common issues are raised, both these writ petitions are

disposed of by a common judgment.

3. When the matter was taken up for consideration, Sri.

Mohan Lal, and Sri Shakthi Prakash, the learned counsel appearing for

the petitioners, submits that for the time being, the petitioners would be

satisfied if the Excise Commissioner be directed to consider the

representations and redress their grievance. Sri Mohanlal also submitted

that a separate representation has been filed before the District

Collector to invoke the power under Section 54 of the Abkari Act and the

same also be ordered to be considered.

4. The learned Government Pleader, on instructions, submits

that admittedly, FL-1 shop has not started functioning, and therefore,

invocation of Section 54 by the District Collector is not warranted at this W.P(C) Nos.4153 & 6307 of 2023

stage. It is submitted that if the request is for expeditious consideration

of representations, there cannot be any impediment. It is further

submitted that a detailed enquiry has been carried out by the Deputy

Excise commissioner with respect to the grievance expressed by some of

the petitioners and the said report can also be forwarded to the

Commissioner.

5. Sri.K.B.Pradeep, the learned counsel appearing for the 10th

respondent, submitted that the petitioners are acting on behalf of bar

owners. It is further submitted that in the same premises where the

outlet is proposed to be established, a toddy shop has been functioning

for the last 30 years.

6. I have considered the submissions advanced.

I find that the petitioners herein have filed separate

representations before the Excise Commissioner. If an enquiry has been

carried out by the Deputy Commissioner, the same shall be forwarded to

the Excise Commissioner. The Excise Commissioner shall consider the

representations with notice to the petitioners and the party respondents W.P(C) Nos.4153 & 6307 of 2023

and take appropriate decisions within a period of eight weeks. It would

be open to the petitioners to produce a copy of the writ petition along

with the judgment before the concerned respondent for further action.

These writ petitions are disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE IAP W.P(C) Nos.4153 & 6307 of 2023

APPENDIX OF WP(C) 4153/2023

PETITIONERS' EXHIBITS:

Exhibit P1 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 3RD AND 4TH RESPONDENTS DATED 03.02.2023

Exhibit P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 3RD AND 4TH RESPONDENTS DATED 03.02.2023

RESPONDENTS' EXHIBITS:

NIL W.P(C) Nos.4153 & 6307 of 2023

APPENDIX OF WP(C) 6307/2023

PETITIONERS' EXHIBITS:

Exhibit.P1 THE TRUE COPY OF THE AADHAR CARD NO:442690088269 OF THE 1ST PETITIONER

Exhibit.P2 THE TRUE COPY OF THE AADHAR CARD NO:

991007887025 OF THE 2ND PETITIONER

Exhibit.P3 THE TRUE OF THE ORDER DATED 22/07/2022 IN W.P.(C)NO:23848/2022 OF THIS HON'BLE COURT

Exhibit.P4 THE TRUE COPY OF THE ORDER NO:EDOKLM/1350/2022-Q4 DATED 07/11/2022 ISSUED BY THE 5TH RESPONDENT

Exhibit.P5 THE TRUE COPY OF THE REPRESENTATION DATED 17/02/2023 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT AND ITS POSTAL RECEIPT

Exhibit.P6 THE TRUE COPY OF THE REPRESENTATION DATED 17/02/2023 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT AND ITS POSTAL RECEIPT

RESPONDENTS' EXHIBITS:

NIL