Disposed
Janardhanan v. District Collector
Kerala HCWP(C)/569/2024
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 569 OF 2024
PETITIONERS:
1 JANARDHANAN
AGED 77 YEARS, S/O. KUNJIRAMAN, PRINCIPAL, IEMT PRIVATE ITI, NARIKKUNI, RECOGNIZED BY GOVERNMENT OF INDIA, KOZHIKODE, PIN – 673585.
3 HARIS P.M AGED 39 YEARS, S/O. MOHAMMED, PALANGATTU HOUSE, NARIKKUNI, GENERAL CONVENER, 'MADYA SHOP VIRUDHA JANAKEEYA SAMITHY', NARIKKUNI, KOZHIKODE, PIN – 673585.
BY ADVS. C.K.SHERIN MANOJ P.KUNJACHAN
RESPONDENTS:
W.P.(C) No.569 of 2024
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4 MANAGING DIRECTOR KERALA STATE BEVERAGES (M&M) CORPORATION LIMITED, BEVCO POWER, CANTONMENT HOUSE ROAD, VIKAS BHAVAN, PALAYAM P.O, PMG ROAD THIRUVANANTHAPURAM, PIN – 695033.
5 NARIKKUNI GRAMA PANCHAYATH REP. BY ITS SECRETARY, NARIKKUNI, KOZHIKODE, PIN – 676585.
BY ADVS. SMT.REKHA C NAIR, SENIOR GOVERNMENT PLEADER SRI.T.NAVEEN, STANDING COUNSEL SRI.PRASHANTH KUMAR G.C. SRI.R.SUDHISH SMT.M.MANJU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
Dated this the 6th day of February, 2024
The petitioners state that KSBC FL1-11015 at Narikkuni in building No.11/374-A of Ward No.11 of Narikkuni Grama
Panchayat run by the 4th respondent is functioning in gross violation of Rule 7(2) of the Kerala Abkari Shops Disposal Rules. In spite of complaints given by the petitioners and other local residents, the 4th respondent has started functioning of the shop.
shall be located in or removed to a place within an area
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declared as a project area. No toddy shops shall be located within 400 metres and no foreign liquor-1 shops shall be located within 200 metres from an education institution, temple, church, mosque, burial ground and scheduled caste / scheduled tribes colonies. The shop of the 4th respondent therefore is illegal.
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petitioners have raised a grievance in respect of which the petitioners got support from Ext.P2 communication, it would be only just and proper that the 2nd respondent consider the same.
The writ petition is therefore disposed of directing the 2nd respondent-Deputy Excise Commissioner to consider the complaints mentioned in Ext.P2 and take appropriate decision thereon within a period of one month after hearing affected parties, if any.
Sd/- N. NAGARESH
JUDGE
ams
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APPENDIX OF WP(C) 569/2024
PETITIONER EXHIBITS
| Exhibit P1 | A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 04.02.2012 IN |
|---|---|
| RESPECT OF 2ND PETITIONER'S |
|
| DAUGHTER, NAJA FATHIMA ISSUED BY THE MEDICAL BOARD CONSTITUTED BY DISTRICT MEDICAL OFFICER KOZHIKODE |
|
| Exhibit P2 | TRUE COPY OF THE COMMUNICATION NO. EDOKKD/1181/2023-D2 DATED 01.12.2023 ISSUED BY THE 2ND RESPONDENT |
| Exhibit P3 | A TRUE COPY OF THE COMMUNICATION NO. TC-25/2024 DATED 03.01.2024 OBTAINED BY THE 3RD PETITIONER UNDER RIGHT TO INFORMATION ACT |
| Exhibit P4 | TRUE COPY OF THE MINUTES DATED 27.10.2023 OF THE 5TH RESPONDENT |
| Exhibit P5 | A TRUE COPY OF THE COMPLAINT DATED 25.11.2023 |
| Exhibit P6 | A TRUE COPY OF THE MEDICAL CERTIFICATE IN RESPECT OF ABDUL RAHMAN, S/O. MOHAMMED ISSUED BY THE MEDICAL COLLEGE HOSPITAL, CALICUT |
| Exhibit P7 | A TRUE COPY OF THE MEDICAL CERTIFICATE IN RESPECT OF RAHOOF K.M |
| ISSUED BY THE MEDICAL BOARD | |
| CONSTITUTED BY DISTRICT MEDICAL OFFICER KOZHIKODE |
|
| Exhibit P8 | A TRUE COPY OF THE MEDICAL CERTIFICATE IN RESPECT OF REJEENA |
| ISSUED BY THE MEDICAL BOARD | |
| CONSTITUTED BY DISTRICT MEDICAL OFFICER KOZHIKODE |
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Exhibit P9 A TRUE COPY OF THE MEDICAL CERTIFICATE IN RESPECT OF ABDUL RAHIM ISSUED BY THE MEDICAL BOARD CONSTITUTED BY DISTRICT MEDICAL OFFICER KOZHIKODE Exhibit P10 A TRUE COPY OF THE COMPLAINT DATED 05.12.2023 SUBMITTED BEFORE THE HUMAN RIGHTS COMMISSION
1 provisions across 1 enactments
Janardhanan
Jaseena V.K
Haris P.M
District Collector, Kozhikode
Deputy Excise Commissioner, Kozhikode
Excise Circle Inspector, Thamarassery
N. NAGARESH
As recorded by the court registry
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