High Court Kerala High Court

Anilkumar vs Deputy Excise Commissioner on 9 June, 2010

Kerala High Court
Anilkumar vs Deputy Excise Commissioner on 9 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 14060 of 2010(F)


1. ANILKUMAR, S/O. SASIDHARAN,
                      ...  Petitioner
2. UDAYAKUMAR, S/O. VIKRAMAN PANICKER,

                        Vs



1. DEPUTY EXCISE COMMISSIONER,
                       ...       Respondent

2. EXCISE CIRCLE INSPECTOR,

                For Petitioner  :SRI.LATHEESH SEBASTIAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :09/06/2010

 O R D E R
                     T.R. Ramachandran Nair, J.
                   - - - - - - - - - - - - - - - - - - - - - - - -
                    W.P.(C) No. 14060 OF 2010-F
                  - - - - -- - - - - - - - - - - - - - - - - - - - -
                Dated this the 9th day of June, 2010.

                                JUDGMENT

The petitioner was granted permission to conduct the 2nd Group

toddy shop of Kilimanoor Excise Range for the year 2010-2011. There are

five toddy shops in the group. The licence was granted to toddy shop

Nos.1, 6, 7 and 8 for shop No.9, the licence is yet to be issued. The

petitioner has filed this Writ Petition seeking for a direction to the first

respondent to issuethe licence in the present location.

2. A statement has been filed on behalf of the first respondent stating

that Noorul Islam Madrasa, Thaikkavu is functioning within 70 meters

from the gate of the toddy shop proposed to be licensed in favour of the

petitioner and the said site is objectionable as per Rule 7(2) of the Kerala

Abkari Shops Disposal Rules, 2002. It is pointed out that the said aspect

was the reason for not renewing the licence.

3. The statement shows that the shop was licenced since 1998-1999

and the Madrasa was functioning in that place since 1982. Going by the

second proviso to Rule 7(2), there is a provision to locate the shop in the

same place availing the benefit of exemption. The statement further

wpc 14060/2010 2

proceeds to state that it is up to the petitioner to find out an unobjectionable

site for obtaining the licence. Finally, in para 5 it is stated that if no

unobjectionable site is available within the scheduled premises, the

petitioner will get the benefit of the proviso to Rule 7(2) of the Rules.

4. The petitioner has filed I.A. No.7164/2010 producing Ext.P6. It is

pointed out that even though the petitioner made earnest efforts, no

unobjectionable site could be found out. Therefore, he seeks for the benefit

of second proviso to Rule 7(2), in Ext.P6 application.

5. Therefore, what is required is only to direct the first respondent to

consider Ext.P6 and pass appropriate orders and to see whether the

petitioner is entitled for the benefit of the second proviso to Rule 7(2) of the

Rules. An appropriate decision will be taken and communicated to the

petitioner, after hearing him, within a period of two weeks from the date of

receipt of a copy of this judgment. The petitioner will produce a copy of the

judgment before the first respondent for compliance.

The writ petition is disposed of as above. No costs.

(T.R. Ramachandran Nair, Judge.)

kav/-