High CourtsSINGLE BENCH(2017) 10 KL CK 0007

FR. FRACIS KUZHIPPALLIL, vs STATE OF KERALA

High Court Of Kerala · Decided on 9 October 2017

HON’BLE JUDGES
Shaji P.Chaly
RESULT
Disposed
CASE NUMBER
32159 of 2017 (T)

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Judgment

7 paragraphs · 262 words
1.

Petitioner is the Assistant Vicar of a Church and allegedly the Meghala Convenor of the "Kerala Madhya Virudha Janakiya Munnani" at Rajakkad. According to the petitioner, an outlet of the Kerala State Beverages Corporation was functioning at Vyapara Bhavan Building, Ward No.7 of Vellathuval Panchayat.

However, the said building is situated on the side of State Highway No.59. Consequent to the judgment of the apex court in " State of Tamil Nadu and others v. K. Balu and another " [2017 (1) KHC 26 (SC)], the said outlet was shifted to Mangappara, which is more than 10 k.m. away from the then existing shop.

2.

However, now the Beverages Corporation is taking steps to start a shop in the building of the Vyapara Bhavan.

Thereupon, petitioner has submitted Ext.P3 dated 07.10.2017 before the 2nd respondent, which is pending consideration.

3.

Heard learned counsel for the petitioner, learned Government Pleader and the learned Standing Counsel for the 3rd respondent Beverages Corporation. Perused the documents on record and the pleadings put forth by the petitioner.

4.

Since Ext.P3 application is pending consideration before a statutory authority, I think it is only appropriate that a direction is issued to attain finality to the same. Therefore, there will be a direction to the 2nd respondent to consider Ext.P3 in accordance with law, and attain finality to the same, after providing an opportunity of hearing to the petitioner, at the earliest and at any rate, within a month from the date of receipt of a copy of the judgment.

The writ petition is disposed of accordingly.