Janardhanan vs District Collector
2024 Latest Caselaw 4383 Ker

Kerala High Court

Janardhanan vs District Collector on 6 February, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
  TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
                      WP(C) NO. 569 OF 2024
PETITIONERS:

    1     JANARDHANAN
          AGED 77 YEARS, S/O. KUNJIRAMAN,
          PRINCIPAL, IEMT PRIVATE ITI, NARIKKUNI,
          RECOGNIZED BY GOVERNMENT OF INDIA,
          KOZHIKODE, PIN - 673585.

    2     JASEENA V.K
          AGED 34 YEARS, W/O. UMMER SADIQUE P,
          PAYYADI, NARIKKUNI,
          KOZHIKODE, PIN - 673585.

    3     HARIS P.M
          AGED 39 YEARS, S/O. MOHAMMED,
          PALANGATTU HOUSE, NARIKKUNI,
          GENERAL CONVENER,
          'MADYA SHOP VIRUDHA JANAKEEYA SAMITHY',
          NARIKKUNI, KOZHIKODE, PIN - 673585.

          BY ADVS.
          C.K.SHERIN
          MANOJ P.KUNJACHAN


RESPONDENTS:

    1     DISTRICT COLLECTOR
          COLLECTORATE, CIVIL STATION,
          KOZHIKODE, PIN - 673020.

    2     DEPUTY EXCISE COMMISSIONER
          EXCISE DIVISION OFFICE,
          KOZHIKODE, PIN - 673001.

    3     EXCISE CIRCLE INSPECTOR
          EXCISE CIRCLE OFFICE, THAMARASSERY,
          KODUVALLY, KOZHIKODE, PIN - 673572.
 W.P.(C) No.569 of 2024

                           :2:

    4    MANAGING DIRECTOR
         KERALA STATE BEVERAGES (M&M) CORPORATION
         LIMITED, BEVCO POWER, CANTONMENT HOUSE ROAD,
         VIKAS BHAVAN, PALAYAM P.O, PMG ROAD
         THIRUVANANTHAPURAM, PIN - 695033.

    5    NARIKKUNI GRAMA PANCHAYATH
         REP. BY ITS SECRETARY, NARIKKUNI,
         KOZHIKODE, PIN - 676585.

         BY ADVS.
         SMT.REKHA C NAIR, SENIOR GOVERNMENT PLEADER
         SRI.T.NAVEEN, STANDING COUNSEL
         SRI.PRASHANTH KUMAR G.C.
         SRI.R.SUDHISH
         SMT.M.MANJU

     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 06.02.2024, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.569 of 2024

                              :3:

                      JUDGMENT

Dated this the 6th day of February, 2024

The petitioners state that KSBC FL1-11015 at Narikkuni

in building No.11/374-A of Ward No.11 of Narikkuni Grama

Panchayat run by the 4th respondent is functioning in gross

violation of Rule 7(2) of the Kerala Abkari Shops Disposal

Rules. In spite of complaints given by the petitioners and

other local residents, the 4th respondent has started

functioning of the shop.

2. The petitioners would submit that since the outlet

is being run by the 4th respondent which is a State

Government Undertaking, respondents 2 and 3 are reluctant

to take prompt action against the illegal functioning of the

outlet. The petitioners would urge that the beverage outlet is

situated in the heart of Narikkuni Junction. No liquor shops

shall be located in or removed to a place within an area

declared as a project area. No toddy shops shall be located

within 400 metres and no foreign liquor-1 shops shall be

located within 200 metres from an education institution,

temple, church, mosque, burial ground and scheduled caste /

scheduled tribes colonies. The shop of the 4 th respondent

therefore is illegal.

3. Standing Counsel entered appearance on behalf

of the 4th respondent and resisted the writ petition. The

Standing Counsel submitted that the outlet has all necessary

licences including Panchayat licences and licence issued by

the Excise authorities. The shop is functioning adhering to all

statutory rules. The petitioner cannot have any legal

grievance against the functioning of the shop.

4. Government Pleader entered appearance and

submitted that if Ext.P5 complaint is received by the Deputy

Excise Commissioner, the 2nd respondent, the same can be

considered in accordance with law.

5. Taking into consideration the fact that the

petitioners have raised a grievance in respect of which the

petitioners got support from Ext.P2 communication, it would

be only just and proper that the 2 nd respondent consider the

same.

The writ petition is therefore disposed of directing the

2nd respondent-Deputy Excise Commissioner to consider the

complaints mentioned in Ext.P2 and take appropriate

decision thereon within a period of one month after hearing

affected parties, if any.

Sd/-

N. NAGARESH JUDGE ams

APPENDIX OF WP(C) 569/2024

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 04.02.2012 IN RESPECT OF 2ND PETITIONER'S DAUGHTER, NAJA FATHIMA ISSUED BY THE MEDICAL BOARD CONSTITUTED BY DISTRICT MEDICAL OFFICER KOZHIKODE Exhibit P2 TRUE COPY OF THE COMMUNICATION NO.

EDOKKD/1181/2023-D2 DATED 01.12.2023 ISSUED BY THE 2ND RESPONDENT Exhibit P3 A TRUE COPY OF THE COMMUNICATION NO.

TC-25/2024 DATED 03.01.2024 OBTAINED BY THE 3RD PETITIONER UNDER RIGHT TO INFORMATION ACT Exhibit P4 TRUE COPY OF THE MINUTES DATED 27.10.2023 OF THE 5TH RESPONDENT Exhibit P5 A TRUE COPY OF THE COMPLAINT DATED 25.11.2023 Exhibit P6 A TRUE COPY OF THE MEDICAL CERTIFICATE IN RESPECT OF ABDUL RAHMAN, S/O. MOHAMMED ISSUED BY THE MEDICAL COLLEGE HOSPITAL, CALICUT Exhibit P7 A TRUE COPY OF THE MEDICAL CERTIFICATE IN RESPECT OF RAHOOF K.M ISSUED BY THE MEDICAL BOARD CONSTITUTED BY DISTRICT MEDICAL OFFICER KOZHIKODE Exhibit P8 A TRUE COPY OF THE MEDICAL CERTIFICATE IN RESPECT OF REJEENA ISSUED BY THE MEDICAL BOARD CONSTITUTED BY DISTRICT MEDICAL OFFICER KOZHIKODE

Exhibit P9 A TRUE COPY OF THE MEDICAL CERTIFICATE IN RESPECT OF ABDUL RAHIM ISSUED BY THE MEDICAL BOARD CONSTITUTED BY DISTRICT MEDICAL OFFICER KOZHIKODE Exhibit P10 A TRUE COPY OF THE COMPLAINT DATED 05.12.2023 SUBMITTED BEFORE THE HUMAN RIGHTS COMMISSION