K N SREENIVASAN Vs. ASSISTANT EXCISE COMMISSIONER ERNAKULAM

JUDGEMENT

(1.) The Writ Petition under Art.226 of the Constitution is directed against Ext. R4(c) licence issued to the 4th respondent to conduct Toddy Shop No. 52 in a shed situated in Sy. No. 967/18B (Resurvey No. 64/14 in Block No. 6) of Thrikkakara North Village. It is the case of the petitioner that the said shop owned by the 5th respondent is located within the prohibited distance prescribed by R.6(2) of the Kerala Abkari Shops (Disposal in Auction) Rules, 1974, (hereinafter called the Rules). The petition specifically avers that the toddy shop of the 4th respondent is situated at a distance of 216 metres from the temple known as Kavilkulangara Bhagavathy Temple, 330 metres from Immadudeen Mosque, 385 metres from N.A.D. Ayyappa Temple and 392 metres from N.A.D. Government L.P. School. It is also averred that the toddy shop of the 5th respondent is functioning in an unauthorised structure which has been put up without licence or approval. According to the petitioner, several representations like Exts. P2, P5 and others were made by the people of the locality objecting to the functioning of the toddy shop at the said premises, but the first respondent Assistant Excise Commissioner, Ernakulam, without application of mind to the objections raised by the said residents of the locality, granted Ext. R4(c) licence to the 4th respondent.

(2.) R.6(2), which is relevant, reads as under:

(3.) The rule in the present form was substituted by S.R.O. No. 254/94 with effect from 1.4.1994. The earlier rule had a proviso which read as under: