BENNY KURIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners challenge Ext. P10 decision of the third respondent Commissioner of Excise.

(2.) THE facts are within a small capsule. A toddy shop was licensed in a particular building. The owner of that building wanted that premises back. The licensees wanted the toddy shop to be shifted to another structure, a building 10 meters away from the original building. The official respondents recommended that shifting, though such shifting was to a building which is within an objectionable distance from certain landmarks in terms of R. 7 of the Kerala Abkari Shops Disposal Rules 2002, hereinafter, the 'rules', for short. The shifting was permitted on the premise that by virtue of second proviso to R. 7 (2), the shop could be shifted within the 50 meters from the original building, though the proposed building would also be within the objectionable distance, in view of certain Government orders, not specified in the impugned order.

(3.) IN answer to the challenge by the petitioners, the respondents, including the official respondents, rely on Ext. R2 (a), G. O. (Ms) No. 47/2001/td dated 03/04/2001. The said Government order is not referred to in Ext. P10 which proceeds as if the Commissioner of Excise is issuing the order relying on all enabling Government Orders.