Dismissed

T. Fousiya v. State of Kerala

Kerala HC22 Jan 2021WP(C)/5277/2014

Case brief

AI extract

What is this about?

Petitioners challenged the constitutionality of Rule 7(2) of Kerala Abkari Shops Disposal Rules 2002 regarding toddy shops in residential areas and sought quashing of sanction for a specific shop shift. The court found no case made and dismissed the petition.

What did the court decide?

Both prayers to declare Rule 7(2) unconstitutional and recall the sanction for shifting the toddy shop were dismissed.

T. Fousiya Vs State of Kerala — Service and Employment | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942

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WP(C).No.5277 OF 2014(S)

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PETITIONERS:

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1 T. FOUSIYA FOUSIYAS,P O MOWANCHERY, KANNUR DISTRICT, PIN-670613

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2 T CHANDRAN KANNAN NIVAS, KOYYODE P O, KANNUR DIST, PIN-670621

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3 M MUSTHAFA MASTER MEMBER WARD NO 3, CHEMBILODE GRAMA PANCHAYATH, P O MOWANCHERY, KANNUR DISTRICT-670613

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BY ADVS. SRI.P.M.PAREETH SRI.MOHAMMED SHAMEEL SMT.SONIA GEORGE

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RESPONDENTS:

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1 STATE OF KERALA REP BY CHIEF SECRETARY TO GOVT.OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001

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2 DEPUTY EXCISE COMMISSIONER KANNUR DIVISION, CIVIL STATION, KANNUR-670002

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3 ASSISTANT EXCISE COMMISSIONER KANNUR RANGE, CIVIL STATION, KANNUR-670002

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W.P.(C).5277/2014

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4 DISTRICT COLLECTOR, KANNUR COLLECTORATE, CIVIL STATION, KANNUR-670002

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5 CHEMBILODE GRAMA PANCHAYATH REP BY ITS SECRETARY, P O MOWANCHERRY, KANNUR DIST, PIN-670613

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6 AJITH BABU LICENCEE, TODDY SHOP NO 25, POOVATHUMTHARA, P O MOWANCHERY, KANNUR DIST, PIN-670613

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SRI. SURIN GEORGE IPE SR GP FOR R1 TO R4, SRI.I.V.PRAMOD FOR R5, SRI.P.NARAYANAN FOR R6

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-09-2015, THE COURT ON 22-01-2021 DELIVERED THE FOLLOWING:

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W.P.(C).5277/2014

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JUDGMENT

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Dated this the 22^nd day of January, 2021

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S. Manikumar, CJ.

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Petitioners have sought for a direction calling for the records leading to rule 7(2) of Kerala Abkari Shops Disposal Rules 2002 to the extent it permits running of toddy shops in busy residential areas and strike down the same as unconstitutional and ultravires of Article 19(d) (e) and Article 21 of the Constitution of India. Petitioners have also sought for a mandamus directing the 2^nd respondent to recall the sanction granted to the 6^th respondent for shifting toddy shop No.25 from ward No.2 to building No.296 in ward No.3 of 5^th respondent Panchayat.

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On this day, when the matter came up for hearing, learned counsel for the petitioner submitted that the toddy shop has already been shifted.

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On going through the material on record as well as the statutory provisions, we find that the petitioners have not made out a case to declare rule 7(2) of Kerala Abkari Shops Disposal Rules 2002 as ultravires of Constitution of India. Hence both prayers cannot be granted. Writ petition is dismissed.

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sou.

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W.P.(C).5277/2014

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	P1:-A TRUE PHOTOCOPY OF THE MASS PETITION DTD 31/12/2013 SUBMITTED BY THE CITIZENS OF WARD NO 3 BEFORE THE EXCISE COMMISSIONER
EXHIBIT P1(a):-	A TRUE ENGLISH TRANSLATION OF EXT.P1
EXHIBIT P2:-	A TRUE PHOTOCOPY OF THE RESOLUTION DTD. 5/1/2014 PASSED BY THE GRAMA SABHA OF WARD NO 3 OF 5^THRESPONDENT PANCHAYATH
EXHIBIT P2(a):-	A TRUE ENGLISH TRANSLATION OF EXT P2
EXHIBIT P3:-	A TRUE PHOTOCOPY OF THE REPRESENTATION DTD 13/1/2014 SUBMITTED BY THE FIRST PETITINER BEFORE THE 4TH RESPONDENT
EXHIBIT P3(A):-	A TRUE ENGLISH TRANSLATION OF EXT P3

T. Fousiya v. State of Kerala

Case brief

What is this about?

What did the court decide?

T. Fousiya v. State of Kerala

Case brief

What is this about?

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