SANTHINI PRASAD AND ANOTHER Vs. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, EXCISE DEPARTMENT AND OTHERS

JUDGEMENT

(1.) The 1st petitioner, who is the member of Ward No.14 of Pallippuram Grama Panchayath and the 2nd petitioner, who is the former member of that ward, have approached this Court in this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 2 and 3 to shift or close down the foreign liquor shop No.7028 run by the 4th respondent Federation in building No.XIV/50 of Pallippuram Grama Panchayath owned by the 5th respondent. The petitioners have also sought for a writ of mandamus commanding the 2nd respondent, the Commissioner of Excise, to consider Ext.P5 representation forthwith.

(2.) On 01.02.2018, when this writ petition came up for admission, the learned Senior Government Pleader took notice on admission for respondents 1 to 3. The learned Standing Counsel took notice on admission for the 4th respondent Federation and urgent notice on admission by speed post was ordered to the 5th respondent returnable within three weeks.

(3.) A counter affidavit has been filed on behalf of the 4th respondent, opposing the relief sought for in this writ petition, by contending that the foreign liquor shop in question is not within the objectionable distance and as such, the petitioners are not entitled for the reliefs sought for.