K. V. RAMAKRISHNAN Vs. STATE

JUDGEMENT

(1.) Petitioners are the President and the Joint Secretary of Thattekad Siva Temple. Petitioners contend that the 5th respondent is conducting an arrack shop within 100 metres from the Siva Temple. Petitioners allege that thousands of devotees including women and children are worshipping in the temple and the presence of arrack shop causes inconvenience to the worshippers. Petitioners also allege that the arrack shop and the customers who visit there Pollute the science atmosphere of the temple and its premises. Petitioners further allege that the arrack shop is within the prohibited distance as contemplated under R.6(2) of the Kerala Abkari Shops (Disposal in Auction) Rules.

(2.) The 4th respondent the Excise Inspector has filed a statement. The right to vend arrack in respect of shop Nos. 13 to 26 in Group No. 11 of Kothamangalam Range was give to 5 persons. The 5th respondent applied for licence to locate A. S.20/93 - 94 in a building situated in Sy. No. 499/1 of Keerampara village. The Excise Inspector recommended the proposed site. According to the Kerala Abkari Shops (Disposal in Auction) Rules, 1974 in calculating the distance the basis will be the shortest pathway/Lane/Street/Road generally used by the public and the same will be measured from gate to gate. Siva temple is situated in the opposite bank of the river 'Periyar' and the alleged arrack shop is located in the other side of the river. So the shop is not within the prohibited distance and is not causing any nuisance to the worshippers.

(3.) The 5th respondent also filed a counter affidavit and contends that the shop is not within the prohibited distance of Siva temple.