DR. TOMY ANTONY v. STATE OF KERALA
Court: High Court of Kerala
Bench: HONOURABLE MR.JUSTICE N.NAGARESH
Judgment date:
Case summary
High Court of Kerala judgment dated 2024-01-30. DR. TOMY ANTONY v. STATE OF KERALA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE N. NAGARESH TH TUESDAY, THE 30 DAY OF JANUARY 2024 / 10TH MAGHA, 1945 WP(C) NO. 2680 OF 2024 PETITIONERS: 1 DR. TOMY ANTONY, AGED 55 YEARS, S/O ANTONY, PRINCIPAL, YUVAKSHETRA INSTITUTE OF MANAGEMENT STUDIES, EZHAKKAD P. O, MUNDUR, PALAKKAD, PIN - 678631 2 FR. MATHEW GEORGE VAZHAYIL, AGED 55 YEARS, S/O VARKEY, DIRECTOR, YUVAKSHETRA INSTITUTE OF MANAGEMENT STUDIES UNDER YUVAKSHETRA CHARITABLE TRUST, EZHAKKAD P. O, MUNDUR, PALAKKAD, PIN - 678631 3 YUVAKSHETRA CHARITABLE TRUST, AGED 58 YEARS, REP. BY ITS PATRON, MAR PETER KOCHUPURAKKAL ALIAS BABY KOCHUPURAKKAL, S/O MANI, NOORANI AT NOORANI BISHOPS HOUSE, PIRAYIRI AMSOM AND DESOM, PALAKKAD, PIN – 678004 BY ADVS. J. JULIAN XAVIER FIROZ K. ROBIN ROY JOSEPH ANIES MATHEW NIRMAL KURIEN EAPEN RESPONDENTS: 1 STATE OF KERALA REP. BY ITS SECRETARY (EXCISE), TAXES (A) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 W. P. (C) No.
2680/2024 : 2 : 2 DISTRICT COLLECTOR, PALAKKAD KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD, PIN - 678013 3 THE EXCISE COMMISSIONER, COMMISSIONRATE OF EXCISE, EXCISE HEAD QUARTERS, NANDAVANAM, THIRUVANANTHAPURAM, PIN - 695033 4 THE DEPUTY EXCISE COMMISSIONER, EXCISE DIVISION OFFICE, CIVIL STATION, PALAKKAD, PIN - 678001 5 MUNDUR GRAMA PANCHAYAT, REP. BY ITS SECRETARY, MUNDUR P. O, PALAKKAD, PIN - 678592 6 A. RADHAKRISHNAN, PROPRIETOR ARK HOTEL & CONVENTION CENTRE REP. BY ITS MANAGING DIRECTOR, EZHAKKAD P. O, PALAKKAD, PIN – 678631 BY ADVS. SRI. SREEJITH V. S. , GOVERNMENT PLEADER SRI. U. BALAGANGADHARAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30. 01. 2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W. P. (C) No.
2680/2024 : 3 : JUDGMENT th Dated this the 30 day of January, 2024 Petitioners challenge the illegal recommendation th given by the 4 respondent to start a Bar Hotel (FL13 (3)) to th the 6 respondent in a building which is separated with the educational institution by a single retaining wall. st 2. The 1 petitioner is the principal of Yuvakshetra Institute of Management Studies (YIMS) at Mundur, in Palakkad District, which is an unaided institution having affiliation to the University of Calicut. The National Assessment and Accreditation Council under the UGC has accredited the Institute YIMS with B+ Grade as per Ext. P9. nd 3. The 2 petitioner is the Manager of YIMS and rd the 3 petitioner is a Trust under which the Institute is functioning. For the present academic year (2023-'24), the total strength of students in various discipline is 2506. The Institute was started as early as in the year 2005. W. P. (C) No. 2680/2024 : 4 : th 4.
The 6 respondent is the proprietor of ARK Hotel and Convention Centre, which started functioning in the year 2021 without any Bar Licence. The educational institution, ARK Hotel and Convention Centre are situated on the northern side of Palakkad-Kongad State Highway. The boundaries between the two properties (property of ARK Hotel, Convention Centre and that of the education institution) is common. Therefore, there is no question of th any distance rule and the recommendation given by the 4 respondent, is illegal. th 5. According to the 4 respondent, the distance from the gate of the ARK Hotel and Convention Centre to the gate of the educational institution is 70 meters. The above measurement was taken without notice to the petitioners. In the report it is stated that the boundary of the educational institution and the hotel is one and same.
th Therefore, the recommendation of the 4 respondent to th grant FL13 (3) license to the 6 respondent is without any legal justification and against the spirit of the Distance Rule. W. P. (C) No. 2680/2024 : 5 : 6. On coming to know about the illegal action including the recommendation, the petitioners filed representations before all the respondents including the rd Hon'ble Governor and the Chief Minister. The 3 respondent-Excise Commissioner is the competent authority before whom the petitioners have filed Ext. P10 and thereafter Ext. P14. Before taking any decision on the th application submitted by the 6 respondent for FL13 (3) rd licence, the 3 respondent is duty bound to consider the objection in accordance with law considering the ground reality, with notice to the petitioners. 7. Heard the learned counsel for the petitioners and the learned Government Pleader representing the respondents. 8.
The petitioners are aggrieved by the proposal to th grant FL13 (3) licence to the 6 respondent. The petitioners have filed Exts. P10, P12 and P14 representations against such move. Taking into consideration the allegations made by the petitioners and W. P. (C) No. 2680/2024 : 6 : taking into consideration the fact that the licence has not rd been so far granted, it would be only appropriate that the 3 respondent-Excise Commissioner considers Ext. P14 representation submitted by the petitioners in accordance with law. The writ petition is therefore disposed of directing rd the 3 respondent to consider Ext. P14 representation and pass appropriate orders thereon after giving an opportunity th of hearing to the petitioners and the 6 respondent, within a period of one month. Sd/- N. NAGARESH JUDGE SR : 7 : APPENDIX OF WP(C) 2680/2024 PETITIONER'S EXHIBITS: TRUE COPY OF THE TRUST DEED DATED 26. 03. 2003 EXECUTED BY ITS PATRON TRUE COPY OF THE SUPPLEMENTARY DEED OF TRUST EXECUTED ON 23. 11.
2020 TRUE COPY OF THE LAND TAX RECEIPT OF THE PROPERTY COMPRISED IN SY. NO. 317/2 AND 411/2 DATED 23. 06. 2023 ISSUED BY THE VILLAGE OFFICER, MUNDUR II VILLAGE TRUE COPY OF THE LAND TAX RECEIPT DATED 23. 06. 2023 ISSUED BY THE VILLAGE OFFICER, MUNDUR II VILLAGE, RELATED WITH PROPERTY IN SY. NO. 411/14 AND 411/16 TRUE COPY OF THE TAX RECEIPT DATED 23. 06. 2023 RELATED WITH PROPERTY IN SY. NO. 315/4, 317/4, 317/11, 317/7 AND 317/6 ISSUED BY THE VILLAGE OFFICER, MUNDUR II VILLAGE TRUE COPY OF THE LAND TAX RECEIPT DATED 23. 06. 2023 WITH RESPECT TO PROPERTY IN SY. NO. 315/4 AND 317/4 TRUE COPY OF THE LATEST PROVISIONAL AFFILIATION U. O. NO. 6183/2023/ADMN. DATED 04/2023 TO THE PROGRAMS OFFERED BY YIMS (UN-AIDED), MUNDUR, PALAKKAD FOR THE ACADEMIC YEAR 2023-24 ISSUED BY THE REGISTRAR, UNIVERSITY OF CALICUT TRUE COPY OF THE CERTIFICATE DATED 18. 10.
2022 ISSUED BY THE DIRECTOR, NATIONAL ASSESSMENT AND ACCREDITATION COUNCIL TO YIMS PHOTO OF THE HOTEL AND THE YUVAKSHETRA COLLEGE (NEW BUILDING) SITUATED ON THE SOUTHERN SIDE OF THE PALAKKAD - KONGAD ROAD : 8 : PHOTOS OF THE BOUNDARY WALL BETWEEN THE PROPERTIES OF THE PETITIONERS' AND THAT OF THE 6TH RESPONDENT TRUE COPY OF THE PETITION DATED 06. 01. 2024 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT TRUE COPY OF THE PETITION DATED 06. 01. 2024 SUBMITTED BEFORE THE CHIEF MINISTER, GOVERNMENT OF KERALA TRUE COPY OF THE E-MAIL DATED 08. 01. 2024 FROM THE OFFICE OF THE CHIEF MINISTER TRUE COPY OF THE PETITION DATED 06. 01. 2024 SUBMITTED BEFORE SRI. MAHIPAL YADAV, IPS, EXCISE COMMISSIONER, GOVERNMENT OF KERALA TRUE COPY OF THE COMPLAINT BEFORE THE SECRETARY, MUNDUR GRAMA PANCHAYAT DATED 11. 01. 2024 TRUE COPY OF THE PETITION DATED 11. 01. 2024 FILED BY THE PRESIDENT OF PTA, YIMS TRUE COPY OF THE REPORT NO. P6-9991/23 DATED 16. 01.
2024 OF THE 4TH RESPONDENT TRUE COPY OF THE PETITION DATED 17. 01. 2024 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT THROUGH E-MAIL
Source: High Court of Kerala. Archive: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.