The Kerala High Court directed the Excise Commissioner to consider representations in the matter regarding the attempt by the Kerala State Beverages Corporation to start a ‘liquor outlet’ near to forest area.
The petitioner sought that the competent among respondents be directed to take up the representation preferred by him and dispose it of, within a time frame to be fixed by this Court. M.R.Dhanil, the counsel for the petitioner, explained that his client has been constrained to approach the respondents because, the 6th respondent – Kerala State Beverages Corporation is attempting to start a ‘liquor outlet’ very near to the forest area; and therefore, that it is certain to cause deleterious consequences.
P.S.Appu, the Government Pleader, submitted that if the Court is only inclined to direct the representation of the petitioner to be taken up and disposed of, there does not appear to be any legal impediment in doing so; but prayed that the Court may not make any affirmative declarations on his entitlement to any relief and leave it to the competent Authority to take a final decision as per law.
The Standing Counsel for the 6th respondent submitted that his client will not stand in the way of the representation being considered; but prayed that it be done only along with the consideration of the proposal preferred by his client for setting up of the outlet.
A Single Bench of Justice Devan Ramachandran observed that “Taking note of the afore submissions, I allow this Writ Petition and direct the 1st respondent – Excise Commissioner, to take up representation of the petitioner, along with the application of the 6th respondent, if any; and to dispose of both simultaneously, after affording both sides an opportunity of being heard, thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible.”
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