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The State Of Tamil Nadu Rep. By ... vs K. Balu & Anr on 15 December, 2016

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Kerala High Court
Sam J.Onnunni vs The State Of Kerala on 10 March, 2017
        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                            PRESENT:

                   THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

            MONDAY, THE 20TH DAY OF MARCH 2017/29TH PHALGUNA, 1938

                                 WP(C).No. 7285 of 2017 (I)
                                -----------------------------------------


PETITIONER(S) :
--------------------------

                     SAM J.ONNUNNI,
                     AGED 55 YEARS, S/O. ONNUNNI, KIZHAKKEDATH HOUSE,
                     THAZHEVETTIPURAM, MYLAPARA P.O,KOZHENCHERRY TALUK,
                     PATHANAMTHITTADISTRICT.


                     BY ADVS. SRI.B.HARISH KUMAR
                               SMT.K.R.RENJU

RESPONDENT(S) :
-----------------------------

          1.         THE STATE OF KERALA,
                     REPRESENTED BY THE SECRETARY, MINISTRY OF EXCISE,
                     STATE SECRETARIAT,THIRUVANANTHAPURAM - 695 001.

          2.         THE EXCISE COMMISSIONER,
                     THIRUVANANTHAPURAM - 695 001.

          3.         THE KERALA STATE BEVERAGES CORPORATION LIMITED,
                     REPRESENTED BY ITS MANAGING DIRECTOR, KERALA STATE
                     BEVERAGES CORPORATION LIMITED, SASTHA KRIPAOFFICE
                     COMPLEX, SASTHAMANGALAM,
                     THIRUVANANTHAPURAM - 695 011.

          4.         THE DEPUTY COMMISSIONER OF EXCISE,
                     DEVASWOM BOARD BUILDING, PATHANAMTHITTA - 689 645.

          5.         THE KERALA STATE CO-OPERATIVE CONSUMER FEDERATION,
                     REPRESENTED BY ITS MANAGING DIRECTOR,
                     KERALA STATE CO-OPERATIVE CONSUMER FEDERATION,
                     THRISSUR - 680 641.

          6.         THE DISTRICT COLLECTOR,
                     PATHANAMTHITTA- 689 645.

                                                                             ..2/-

                                             ..2..

WP(C).No. 7285 of 2017 (I)
-----------------------------------------

          7.         THE DISTRICT POLICE CHIEF,
                     PATHANAMTHITTA- 689 645.

* ADDITIONAL R8 IMPLEADED

          8.         THE EXECUTIVE ENGINEER,
                     NATIONAL HIGHWAYS, KOLLAM.

* ADDITIONAL RESPONDENT NO. 8 IS SUO MOTU IMPLEADED AS PER ORDER
   DATED 10.03.2017.

                      R1,R2,R4 TO R7 & R8 BY SR. GOVT. PLEADER SMT. C.S.SHEEJA
                      R3 BY ADV. SRI.NAVEEN.T., S.C
                      R5 BY ADV. SRI.M.SASINDRAN, S.C

           THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
           ON 20-03-2017, THE COURT ON THE SAME DAY DELIVERED THE
           FOLLOWING:


Msd.

WP(C).No. 7285 of 2017 (I)
---------------------------------------

                                            APPENDIX

PETITIONER(S)' EXHIBITS :

EXHIBIT P1          TRUE COPY OF THE NOTIFICATION ISSUED BY THE MINISTRY OF
                     ROAD TRANSPORT AND HIGHWAYS WITH ENGLISH
                     TRANSLATION.

EXHIBIT P2          TRUE COPY OF THE PHOTOGRAPH OF THE LIQUOR OUTLET
                     FUNCTIONING AT THAZHEVETTIPURAM.

EXHIBIT P3          TRUE COPY OF THE NEWS ITEM PUBLISHED IN THE MALAYALA
                    MANORAMA DAILYDATED 01/03/2017.

EXHIBIT P4          TRUE COPY OF THE JOINT REPRESENTATION SUBMITTED
                     BEFORE THE DISTRICT COLLECTOR, PATHANAMTHITTA.

RESPONDENT(S)' EXHIBITS & ANNEXURES :

ANNEXURE R4(A):               PHOTOCOPY OF THE SRO NO. 322/2008
                              [G.O.(P) NO. 66/2008 TD DATED 27.03.2008].

ANNEXURE R4(B):               PHOTOCOPY OF THE REPORT DATED 13.01.2017 OF
                              THE ASSISTANT EXECUTIVE ENGINEER (ROADS),
                              PATHANAMTHITTA.

ANNEXURE R4(C):               PHOTOCOPY OF THE REPORT DATED 03.03.2017
                              FURNISHED BY THE STATE PUBLIC INFORMATION
                              OFFICER, OFFICE OF THE ASSISTANT EXECUTIVE
                              ENGINEER (ROADS), PATHANAMTHITTA.

                                                               //TRUE COPY//


                                                               P.A.TO JUDGE.

Msd.



                  P.B. SURESH KUMAR, J.

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

                 W.P.(C) No.7285 of 2017

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

          Dated this the 20th day of March, 2017


                         JUDGMENT

The grievance of the petitioner in this writ petition concerns the foreign liquor outlet established by the third respondent during January, 2017 on the side of National Highway No.183A. The petitioner is a person residing in the vicinity of the said foreign liquor outlet. The petitioner has a case that the fifth respondent is also proposing to establish a foreign liquor outlet on the side of the very same National Highway.

2. Today, when this matter was taken up, the learned Standing Counsel for the fifth respondent submitted that they do not propose to establish any foreign liquor outlet on the side of National Highway W.P.(C) No.7285 of 2017 -2- No.183A.

3. As regards the foreign liquor outlet established by the third respondent, the learned Government Pleader, on instructions, submitted that in the light of the decision of the Apex Court in State of Tamilnadu v. K. Balu [2017(1) KHC 26], the third respondent was not entitled to establish the foreign liquor outlet referred to in the writ petition.

4. In the light of the submissions made by the learned Government Pleader, the learned Standing Counsel for the third respondent prayed for time to shift the foreign liquor outlet referred to in the writ petition to an unobjectionable premises.

In the result, the writ petition is allowed and the third respondent is directed to re-locate the foreign liquor outlet. Having regard to the facts and circumstances of the case as also the time limit prescribed by the Apex Court in the judgment referred to above for re-locating the W.P.(C) No.7285 of 2017 -3- foreign liquor outlets, the third respondent is granted time upto 31.03.2017 for re-locating the outlet.

Sd/-

P.B. SURESH KUMAR JUDGE bpr