Rajan K.N. v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU TUESDAY, THE 18TH DAY OF AUGUST 2015/27TH SRAVANA, 1937 WP(C).No. 13394 of 2007 (T) -------------------------------------- PETITIONER : - ---------------------- RAJAN K.N., S/O. NARAYANAN, AGED 47 YRS, NADVILEVEEDU, PAZHANTHOTTAM P.O., ERNAKULAM DISTRICT.
BY ADV. SRI. SANJITH R.
SMT. SINDHU KRISHNA RESPONDENTS : - ---------------------------
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY EXCISE, SECRETARIAT, THIRUVANANTHAPURAM.
2. COMMISSIONER OF EXCISE, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM.
3. THE ASSISTANT EXCISE COMMISSIONER, ERNAKULAM.
4. MAMALA RANGE TODDY TAPPERS CO-OPERATIVE SOCIETY, REGISTRATION NO.1050, MAMALA, REPRESENTED BY ITS SECRETARY.
BY ADV. SRI.H.B.SHENOY R1-R3 BY GOVERNMENT PLEADER SRI. G. GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 13394 of 2007 (T) -------------------------------------- APPENDIX PETITIONER'S EXHIBITS :
EXHIBIT P1 : TRUE COPY OF THE MASS PETITION FILED BY THE PEOPLE IN THE LOCALITY TO THE 3rd RESPONDENT.
EXHIBIT P2 : COPY OF THE PETITION FILED BEFORE R3. RESPONDENTS' EXHIBITS :
EXHIBIT R3(a) :
COPY OF THE CERTIFICATE No.14765/2013 DATED 13.12.2013 ISSUED BY THE AIKKARANADU GRAMA PANCHAYATH.
// TRUE COPY // P.A. TO JUDGE DMR/-
DAMA SESHADRI NAIDU, J.
--------------------------------------- W.P.(c) No. 13394 of 2007 ---------------------------------------- Dated this the 18th day of August, 2015
JUDGMENT
The petitioner, a resident of a particular locality, has a grievance that the toddy shop belonging to the fourth respondent has been functioning within the prohibited area. Complaining against the in-action of the authorities in acting on his representations, the petitioner has filed the present writ petition.
2. The Assistant Excise Commissioner, Ernakulam, the third respondent, has filed a counter affidavit. It is averred in the counter affidavit that the toddy shop in question was shifted and has been presently functioning in a building which is beyond the prohibited zone. In support of the said contention, the third respondent has placed on record Exhibit R3(a).
W.P.(c) No. 13394 of 2007
3. The learned counsel for the petitioner has submitted that in the light of the subsequent developments and especially the averments made in the counter affidavit, the petitioner's grievance stands redressed.
Accordingly, the writ petition is closed as having not survived for further consideration. No order as to costs. DAMA SESHADRI NAIDU JUDGE DMR/-