Petitioner challenges the location of a foreign liquor shop near a mosque, seeking a direction to the Excise Commissioner to consider a representation objecting to the site after hearing all parties.
Directed the 2nd respondent to consider the Ext.P1 representation after hearing the petitioner and relevant respondents within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
WP(C) NO. 21083 OF 2022
PETITIONER:
ABDUL RAHIMAN N.,
AGED 32 YEARS,
S/O.NOOR MUHAMMED A, A.M. MANZIL,
KARIPPANKULANGARA, VADATTUPADAM,
KODUVAYUR P.O, PIN 678 501, PALAKKAD DISTRICT.
BY ADV GAJENDRA SINGH RAJPUROHIT
RESPONDENTS:
1 STATE OF KERALA, REP. BY SECRETARY, TAXES (A) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM 695 033.2 THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, EXCISE HEAD QUARTERS, NANDAVANAM, THIRUVANANTHAPURAM- 695 033.3 THE DEPUTY COMMISSIONER OF EXCISE, EXCISE DIVISION OFFICE, 2ND FLOOR, CIVIL STATION, PALAKKAD 680 001.4 THE CIRCLE INSPECTOR OF EXCISE, CHITTUR, MINI CIVIL STATION, PALAKKAD , PIN 678 101.5 THE CHITTUR MUNICIPALITY, CHITTUR, PALAKKAD DISTRICT, PIN 678 104, REPRESENTED BY ITS SECRETARY.6 KERALA STATE BEVERAGES MANUFACTURING AND MARKETING) CORPORATION LTD, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR, BEVCO TOWER, VIKAS BHAVAN, PALAYAM P.O, THIRUVANANTHAPURAM- 695 033.7 THE MANAGER, KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING), CORPORATION LTD., FL-1 SHOP NO.9004, KODUVAYUR, PALAKKAD DISTRICT, PIN 678 501. BY ADVS. SRI.JIMMY GEORGE, GP FOR R1 TO R4 SRI.V.N.HARIDAS, FOR R5 SRI.T.NAVEEN, SC, FOR R6 & R7,THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.21083 OF 2022
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MURALI PURUSHOTHAMAN, J. =========================== WP(C) No. 21083 OF 2022
============================ Dated this the 29th day of June, 2022
JUDGMENT
The petitioner has filed this writ petition aggrieved by the functioning of the Foreign Liquor Shop No.9004 under the management of respondents 6 and 7 which is located within 200 meters from the gate of Meleppalli Noor Muhammed Mosque in Koduvayur in Palakkad District.
WP(C) No.21083 OF 2022
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Sd/MURALI PURUSHOTHAMAN JUDGE
nk
WP(C) No.21083 OF 2022
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APPENDIX OF WP(C) 21083/2022
PETITIONER EXHIBITS
Exhibit P1PHOTOCOPY OF THE PETITION DATED
17.06.2022 SUBMITTED TO THE RESPONDENTS.
3 issues framed by the court
Whether the court should direct the Excise Commissioner to consider the petitioner's representation regarding the foreign liquor shop's location near a mosque.
Whether the petitioner has a right to be heard on the shifting of the liquor shop site.
Whether the functioning of the liquor shop near the mosque causes inconvenience to the locality.
Abdul Rahiman N.
State of Kerala
Excise Commissioner
Deputy Commissioner of Excise
Circle Inspector of Excise
The Chittur Municipality
Murali Purushothaman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court