P.M KARTHIKEYAN Vs. THE EXCISE COMMISSIONER

JUDGEMENT

(1.) This writ petition, once again, brings into focus the issue of the distance -norm in establishing retail liquor outlets. To be precise, the issue is how the distance between a liquor outlet and an educational institution with many access points to be reckoned.

(2.) The petitioners are the licencees of Toddy Shop Nos.91 to 95 in Group No.17 of Cherthala Excise Range. Shop No.93 is the subject of the present lis. The shop was set up in a particular building till 2007, when it was shifted to another location with the leave of the authorities. The record reveals that shifting was occasioned because the landlord wanted to sell his property. Soon thereafter, in view of the difficulties the licencees faced with the new landlord, they once again applied to the authorities to shift the shop to a new location. They did obtain the permission but could not shift the shop, given the public protest in the proposed area.

(3.) As the petitioners could not shift the toddy shop to the newly permitted location, they negotiated with the owner of the building in which they had their shop till 2007 and secured his consent to move back, for he had decided to retain the property instead of selling it.