Ratnakumari vs District Collector on 17 December, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 37235 of 2008(G)


1. RATNAKUMARI, W/O.DEVADASAN
                      ...  Petitioner

                        Vs



1. DISTRICT COLLECTOR, MALAPPURAM.
                       ...       Respondent

2. REVENUE DIVISIONAL OFFICER

3. ASSISTANT EXCISE COMMISSIONER,

4. EXCISE INSPECTOR, TIRUR EXCISE RANGE

                For Petitioner  :SRI.BABU S. NAIR

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :17/12/2008

 O R D E R
                        S. SIRI JAGAN, J.
                ------------------------------------
                  W.P.(C)No.37235 OF 2008
              ----------------------------------------
             Dated this the 17th day of December, 2008

                           JUDGMENT

The petitioner is aggrieved by the functioning of Toddy Shop

No.12 of Tirur Excise Range, which is allegedly very close to the

residence of the petitioner and others. The petitioner alleges that

the Toddy Shop is functioning violating the distance rule

contemplated under Rule 7(2)of the Abkari Shops Disposal Rules.

Although presently that Toddy shop is functioning with licence for

the year 2008-2009, the pe++7titioner now seeks a direction to

the respondents not to issue fresh licence for the year 2009-

2010. The petitioner therefore seeks the following reliefs:

“i) Issue a writ of mandamus or any other
appropriate writs, orders of directions commanding
the respondents not to issue licence to Toddy shop
No.12 of the Tirur Excise Range, in the premises
comprised in R.S.No.48/1of the Thalakkad Vilalge for
the financial year 2009-10, as the said premises will
coming within the prohibited distance contemplated
under Rule 7(2) of the Abkari Shops Disposal Rules
2002;

ii) Declare that the functioning of Toddy
Shop No.12 of the Tirur Excise Range is within the

W.P.(c)no.37235/2008 2

prohibited distance contemplated under Rule 7(2)
of the Abkari Shops Disposal rules, 2002 as
evidenced from Exhibit P2 report, and the
functioning of the said shop in premises comprised
in R.S.No.48/1 of the Thalakkad
Village is illegal”.

2. I have heard the learned Government Pleader also.

3. I am of opinion that the matter can be disposed of

with a direction to competent among respondents to hear the

petitioner also while the question of granting of licence for the

Toddy Shop No.12 of Tirur Excise Range for the year 2009-

2010 is being considered.

Accordingly, the writ petition is disposed of with a

direction to the competent among respondents to hear the

petitioner also while considering the question of granting of

licence to the Toddy Shop No.12 of Tirur Excise Range for the

year 2009-2010.

                                       S. SIRI JAGAN, JUDGE


Acd

W.P.(c)no.37235/2008    3