SUSY Vs. COMMISSIONER OF EXCISE

JUDGEMENT

(1.) The question falls for consideration in these matters pertains to the scope of the definition of 'Educational Institution' contained in the Kerala Abkari Shops Disposal Rules, 2002 ('the Rules').

(2.) The petitioners in W.P.(C).No.34672 of 2016 are residents of Ward No.51 of Kottayam Municipality. Their grievance in the writ petition concerns the permission granted to the third respondent in the said writ petition by the authorities under the Rules to establish a toddy shop in the vicinity of the residences of the petitioners. Sub-rule (2) of Rule 7 of the Rules prohibits establishment of toddy shops within 400 meters from educational institutions. According to the petitioners, an Anganwadi is functioning within 200 meters from the building where the toddy shop is permitted to be established; that Anganwadi would fall within the definition of 'Educational Institution' contained in the Rules and therefore, establishment of the toddy shop in the said building would be contrary to the Rules. The petitioners, though preferred a representation pointing out the said aspect before the Commissioner of Excise, the same was rejected by the Commissioner holding that Anganwadi would not come within the scope of the definition of 'Educational Institution' contained in the Rules. The petitioners, therefore, seek among others, a declaration that Anganwadi would come within the definition of 'Educational Institution" contained in the Rules.

(3.) The petitioners in W.P.(C).No.10041 of 2017 are office bearers of two residents associations functioning at Ponnurunni, within the limits of the Corporation of Kochi. Their grievance in the writ petition concerns the Foreign Liquor-1 shop established by the fifth respondent at Ponnurunni. Sub-rule (2) of Rule 7 of the Rules prohibits establishment of Foreign Liquor-1 shop within 200 meters from educational institutions. According to the petitioners, an Anganwadi is functioning within 100 meters from the building where the Foreign Liquor-1 shop has been established; that Anganwadi would fall within the definition of 'Educational Institution' contained in the Rules and therefore, establishment of the Foreign Liquor-1 shop in the said building would be contrary to the Rules. The petitioners, therefore, seek among others, a declaration that the establishment of the Foreign Liquor-1 shop in the building referred to in the writ petition is illegal.