Disposed

Shyju, v. State of Kerala

Kerala HC11 Apr 2023WP(C)/4153/2023

Case brief

AI extract

What is this about?

The High Court disposed of two writ petitions challenging the proposal to open a liquor outlet in a residential area. The court directed the Excise Commissioner to reconsider representations under Section 54 of the Abkari Act, provide notice to parties, and decide within eight weeks. It also ordered forwarding of a Deputy Commissioner's report if an enquiry was conducted.

What did the court decide?

The Excise Commissioner is directed to consider representations with notice to parties and take appropriate decision within eight weeks; any Deputy Commissioner report to be forwarded.

Shyju, Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶2

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 11^TH DAY OF APRIL 2023 / 21ST CHAITHRA, 1945

¶3

WP(C) NO. 6307 OF 2023

¶4

PETITIONERS:

¶5

1BABUKUTTANT,
AGED46YEARS
S/O.THANKAPPAN,SREEJABHAVANAM,JAYANTHICOLONY,
PERAYAM,MULAVANAP.O.,KOLLAM,PIN-691503

¶6

2SAIJUB.,
AGED46YEARS
S/O.BENCHAMIN,SAIJUBHAVANAM,JAYANTHICOLONY,
PERAYAM,MULAVANAP.O.,KOLLAM,PIN-691503

¶7

BYADVS.
B.MOHANLAL
P.S.PREETHA
ASWINV.NAIR
ABIJITHM.

¶8

RESPONDENTS:

¶9

1STATEOFKERALA,
REPRESENTEDBYTHEPRINCIPALSECRETARYTO
GOVERNMENT,TAXESDEPARTMENT(EXCISE),
SECRETARIAT,THIRUVANANTHAPURAM.,PIN-695001

¶10

2 THE COMMISSIONER OF EXCISE, GOVERNMENT OF KERALA, NANDAVANAM, THIRUVANANTHAPURAM., PIN - 695033

¶11

3 THE DISTRICT COLLECTOR, COLLECTORATE, CUTCHERRY P.O., KOLLAM., PIN - 691013

¶12

W.P(C) Nos.4153 & 6307 of 2023

¶13

¶14

4 THE DEPUTY COMMISSIONER OF EXCISE, EXCISE COMPLEX, CHINNAKKADA, KOLLAM., PIN - 691001

¶15

5 THE CIRCLE INSPECTOR OF EXCISE CHINNAKKADA, KOLLAM., PIN - 691001

¶16

6 THE EXCISE RANGE INSPECTOR, KOLLAM EXCISE RANGE, CHINNAKKADA, KOLLAM, PIN - 691001

¶17

7 THE KERALA STATE BEVERAGES (MANUFACTURING & MARKETING) CORPORATION LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, SASTHAMANGALAM, THIRUVANANTHAPURAM., PIN - 695010

¶18

8THEMANAGERFL-9,
THEKERALASTATEBEVERAGES(MANUFACTURING&
MARKETING)CORPORATIONLIMITED,KARICODE
P.O.,KOLLAM.,PIN-691005

¶19

9 THE KUNDARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KUNDARA. P.O., KOLLAM., PIN - 691501

¶20

10SRI.SAJI,
S/O.SASIDHARAN,GEETHAMVEEDU,H.NO:101-B,
JANAYUGAMNAGAR,KADAPPAKKADAP.O.,KOLLAM-691
008,FROMSAJIMANDIRAM,
POTTIMUKKU,MULAVANAP.O.,KUNDARA,KOLLAM.,PIN-
691503

¶21

BYADVS.
SHRI.MANOJRAMASWAMY,SC,BUREAUOFINDIAN
STANDARDS
SRITNAVEEN,SC
K.B.PRADEEP
HARISANKARR

¶22

W.P(C) Nos.4153 & 6307 of 2023

¶23

¶24

SMTAMMINIKUTTY,SRGOVERNMENTPLEADER

¶25

THISWRITPETITION(CIVIL)HAVINGCOMEUPFOR
ADMISSIONON11.04.2023,ALONGWITHWP(C).4153/2023,THE
COURTONTHESAMEDAYDELIVEREDTHEFOLLOWING:

¶26

W.P(C) Nos.4153 & 6307 of 2023

¶27

¶28

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 11^TH DAY OF APRIL 2023 / 21ST CHAITHRA, 1945

¶29

WP(C) NO. 4153 OF 2023

¶30

PETITIONERS:

¶31

1SHYJU,
AGED40YEARS
S/OLASAR,KULAKKALA,JAYANTHICOLONY,PERAYAM,
MULAVANA,KOLLAM,PIN-691503

¶32

2GOPAKUMAR,
AGED42YEARS
C/OVIJI,GOKULAM,PERAYAM,MULAVANAP.O,KOLLAM,
PIN-691503

¶33

BYADVS.
SHAKTHIPRAKASH
V.A.VINOD

¶34

RESPONDENTS:

¶35

1STATEOFKERALA,
REPRESENTEDBYITSSECRETARY,EXCISEDEPARTMENT,
GOVERNMENTSECRETARIAT,THIRUVANANTHAPURAM,
PIN-695001

¶36

2THEEXCISECOMMISSIONER,
KERALASTATEEXCISEDEPARTMENT,EXCISEHEAD
QUARTERS,NANDAVANAM,VIKASBHAVANP.O.,
THIRUVANANTHAPURAM,PIN-695033

¶37

3THEDEPUTYEXCISECOMMISSIONER,
EXCISEDIVISIONOFFICE,EXCISECOMPLEX,

¶38

W.P(C) Nos.4153 & 6307 of 2023

¶39

¶40

CHINNAKADA,KOLLAM,PIN-691001

¶41

4THEKERALASTATEBEVERAGESCORPORATIONLTD,
HEADOFFICE,BEVCOTOWER,VIKASBHAVANP.O.,
THIRUVANANTHAPURAM,PIN–695033,REPRESENTEDBY
ITSMANAGINGDIRECTOR.,

¶42

5 THE KUNDARA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, KUNDARA P.O, KOLLAM, PIN - 691501

¶43

6 THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM, PIN - 691013

¶44

7 SAJI, S/O SASIDHARAN, SAJI MANDIRAM, POTTIMUKKU, MULAVANA P.O, KOLLAM, PIN - 691501

¶45

BYADVS.

¶46

MANOJRAMASWAMY,SC
SRITNAVEEN,SC

¶47

K.B.PRADEEP
HARISANKARR

¶48

SMTAMMINIKUTTY,SRGOVERNMENTPLEADER

¶49

THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON
11.04.2023,ALONGWITHWP(C).6307/2023,THECOURTONTHE
SAMEDAYDELIVEREDTHEFOLLOWING:

¶50

W.P(C) Nos.4153 & 6307 of 2023

¶51

¶52

JUDGMENT

¶53

Sri Saji, the 10th respondent in WP (C) No.6307 of 2023 (7th respondent in WP(C) No.4153 of 2023) is the owner of a building bearing No 13/627 of Kundara Grama Panchayath. A liquor outlet of the Kerala State Beverages Corporation Ltd (hereinafter referred to as BEVCO) is proposed to be opened in the above building. The petitioners in WP (C) No.6307 of 2023 are members of the Scheduled Tribe community residing at the Jayanthi Colony whereas the petitioners in WP (C) No.4153 of 2023 are residents of the area. Their common contention is that ignoring the objections raised by them, the respondents are planning to open the outlet in the building in question. They contend that if the liquor vending shop is opened, it would cause serious nuisance and inconvenience to the local populace in general and to the women and children of that area in particular. In the said circumstances, the petitioners in WP (C) No.6307 of 2023 are stated to have submitted Exhibit P5 representation produced in the writ petition

¶54

W.P(C) Nos.4153 & 6307 of 2023

¶55

¶56

before the Commissioner of Excise and Exhibit P6 representation purportedly under Section 54 of the Abkari Act before the District Collector. The petitioners in WP (C) No.4153 of 2023 have also submitted Exhibit P1 representation before the Excise Commissioner.

¶57

As common issues are raised, both these writ petitions are disposed of by a common judgment.

¶58

When the matter was taken up for consideration, Sri. Mohan Lal, and Sri Shakthi Prakash, the learned counsel appearing for the petitioners, submits that for the time being, the petitioners would be satisfied if the Excise Commissioner be directed to consider the representations and redress their grievance. Sri Mohanlal also submitted that a separate representation has been filed before the District Collector to invoke the power under Section 54 of the Abkari Act and the same also be ordered to be considered.

¶59

The learned Government Pleader, on instructions, submits that admittedly, FL-1 shop has not started functioning, and therefore, invocation of Section 54 by the District Collector is not warranted at this

¶60

W.P(C) Nos.4153 & 6307 of 2023

¶61

¶62

stage. It is submitted that if the request is for expeditious consideration of representations, there cannot be any impediment. It is further submitted that a detailed enquiry has been carried out by the Deputy Excise commissioner with respect to the grievance expressed by some of the petitioners and the said report can also be forwarded to the Commissioner.

¶63

Sri.K.B.Pradeep, the learned counsel appearing for the 10th respondent, submitted that the petitioners are acting on behalf of bar owners. It is further submitted that in the same premises where the outlet is proposed to be established, a toddy shop has been functioning for the last 30 years.

¶64

I have considered the submissions advanced.

¶65

I find that the petitioners herein have filed separate

¶66

representations before the Excise Commissioner. If an enquiry has been carried out by the Deputy Commissioner, the same shall be forwarded to the Excise Commissioner. The Excise Commissioner shall consider the representations with notice to the petitioners and the party respondents

¶67

W.P(C) Nos.4153 & 6307 of 2023

¶68

¶69

and take appropriate decisions within a period of eight weeks. It would be open to the petitioners to produce a copy of the writ petition along

¶70

with the judgment before the concerned respondent for further action.

¶71

These writ petitions are disposed of.

¶72

Sd/-

¶73

RAJA VIJAYARAGHAVAN V, JUDGE

¶74

IAP

¶75

W.P(C) Nos.4153 & 6307 of 2023

¶76

¶77

APPENDIX OF WP(C) 4153/2023

¶78

PETITIONERS'EXHIBITS:

¶79

ExhibitP1TRUECOPYOFTHEREPRESENTATION
SUBMITTEDBEFORETHE3RDAND4TH
RESPONDENTSDATED03.02.2023

¶80

ExhibitP2TRUECOPYOFTHEREPRESENTATION
SUBMITTEDBEFORETHE3RDAND4TH
RESPONDENTSDATED03.02.2023

¶81

RESPONDENTS'EXHIBITS:

¶82

NIL

¶83

W.P(C) Nos.4153 & 6307 of 2023

¶84

¶85

APPENDIX OF WP(C) 6307/2023

¶86

PETITIONERS'EXHIBITS:

¶87

`Exhibit.P1`	`THE TRUE COPY OF THE AADHAR CARD` `NO:442690088269 OF THE 1ST PETITIONER`
`Exhibit.P2`	`THE TRUE COPY OF THE AADHAR CARD NO:` `991007887025 OF THE 2ND PETITIONER`
`Exhibit.P3`	`THE TRUE OF THE ORDER DATED 22/07/2022` `IN W.P.(C)NO:23848/2022 OF THIS HON'BLE` `COURT`
`Exhibit.P4`	`THE TRUE COPY OF THE ORDER` `NO:EDOKLM/1350/2022-Q4 DATED 07/11/2022` `ISSUED BY THE 5TH RESPONDENT`
`Exhibit.P5`	`THE TRUE COPY OF THE REPRESENTATION` `DATED 17/02/2023 SUBMITTED BY THE` `PETITIONERS BEFORE THE 2ND RESPONDENT` `AND ITS POSTAL RECEIPT`
`Exhibit.P6`	`THE TRUE COPY OF THE REPRESENTATION` `DATED 17/02/2023 SUBMITTED BY THE` `PETITIONERS BEFORE THE 3RD RESPONDENT` `AND ITS POSTAL RECEIPT`

¶88

RESPONDENTS'EXHIBITS:

¶89

NIL

Shyju, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shyju, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

P a Shajahan Vs Transport Commissioner

Smt. Ponnamma Devasia Vs the District Collector

O.A. Abbaskhan, Vs the Regional Transport Authority

Rego Varghese Vs the Regional Passport Officer

Babukuttan T, Vs State of Kerala

Mohandas.C.K, Vs State of Kerala