Bijukumar C. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 26TH DAY OF JUNE 2015/5TH ASHADHA, 1937 WP(C).No. 19325 of 2015 (M) ----------------------------------- PETITIONER:

-------------------------- BIJUKUMAR C.

S/O CHANDRASEKHARAN NAIR, SREEVILASAM, AMMANNOOR PO KOTTAYAM-686544.

BY ADV. SRI.S.SUBHASH CHAND RESPONDENTS:

----------------------------

1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF EXCISE, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695001.

2. EXCISE COMMISSIONER OFFICE OF THE EXCISE COMMISSIONER THIRUVANANTHAPURAM-695001.

3. DEPUTY EXCISE COMMISSIONER OFFICE OF THE DEPUTY EXCISE COMMISSIONER COLLECTORATE, KOTTAYAM-686001.

4. EXCISE RANGE OFFICER EXCISE RANGE OFFICE, PAMPADY, KOTTAYAM-686502.

5. V.V.SAJIMON S/O NARAYANAN, THANNICKAL HOSUE PAYYAPPADI PUTHUPPALLY, KOTTAYAM-686011.

6. MATHEW THOMAS S/O THOMAS, CHIRAPPAD MATTATHIL HOSUE, KONGANDOOR AYARKUNNAM, KOTTAYAM-686564.

7. O.K.VISWANATHAN VELLIMADATHIL HOSUE, THIRUVANCHOOR, MANNARKAD KOTTAYAM-686001.

R1 TO R4 BY SR. GOVERNMENT PLEADER SRI. K.C. VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 19325 of 2015 (M) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: TRUE COPY OF THE PHOTOGRAPH OF THE SERPENT GROVE. EXHIBIT P1(a):

TRUE COPY OF THE PHOTOGRAPH OF THE SERPENT GROVE. EXHIBIT P1(b):

TRUE COPY OF THE PHOTOGRAPH OF THE SERPENT GROVE. EXHIBIT P1(c):

TRUE COPY OF THE PHOTOGRAPH OF THE SERPENT GROVE. EXHIBIT P1(d):

TRUE COPY OF THE PHOTOGRAPH OF THE SERPENT GROVE. EXHIBIT P1(e):

TRUE COPY OF THE PHOTOGRAPH OF THE SERPENT GROVE. EXHIBIT P2: TRUE COPY OF THE JUDGMENT DATED 7.10.2010 IN WPC NO.6925 OF 2010 [REPORTED IN 2010 (4) KHL 668] EXHIBIT P3: TRUE COPY OF THE REPRESENTATION DATED 13.5.2015 SUBMITTED BY THE PETITIONER AND OTHER DEVOTEES BEFORE RESPONDENT NO.3 ALONG WITH ENGLISH TRANSLATION.

EXHIBIT P4: TRUE COPY OF THE REPRESENTATION DATED 6.6.2015 BEFORE RESPONDENT NO.2.(WITHOUT ANNEXURES) RESPONDENT(S)' EXHIBITS:- NIL ---------------------------------------------- /TRUE COPY/ P.A. TO JUDGE DCS

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 19325 OF 2015 ---------------------------------------- Dated this the 26th day of June, 2015

JUDGMENT

The petitioner alleges violation of distance rule in the location of the toddy shop run by respondents 5 to 7. Ext. P4 representation put in by the petitioner in this regard is pending consideration with the second respondent. 2.

I direct the second respondent to consider Ext. P4 representation with notice to the petitioner and respondents 5 to 7. The needful shall be done within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of.

V. CHITAMBARESH JUDGE DCS