1. W.P.(C)No.30294 of 2017:-The petitioners, who are residents of Perumpuzha (Ward No. 20 of Elampallur Panchayat) in Kollam District have approached this Court in this writ petition filed under Article 226 of the Constitution of India seeking a writ of mandamus commanding respondents 1 to 4 to see that the Foreign Liquor 1 Shop (for brevity, 'FL-1 Shop') of the 5th respondent Kerala State Beverages Corporation (for brevity, Beverages Corporation') is stopped forthwith. The petitioners have also sought for a writ of mandamus commanding the rd respondent Deputy Commissioner of Excise to measure the distance from the gate/entrance of the Scheduled Caste colony to the gate of the FL-1 Shop run by the 5th respondent and to ensure that the said shop is closed down forthwith. The further relief sought for is a writ of mandamus commanding the 3rd respondent to consider Ext.P9 representation dated 15/09/2017 submitted by the petitioners and take appropriate action against the 5th respondent for conducting the FL-1 Shop in Perumpuzha, after hearing the petitioners, within a time frame to be fixed by this Court.

2. The reliefs sought for in the writ petition are opposed by the 3rd respondent Deputy Commissioner of Excise by filing a counter affidavit, producing therewith a copy of Ext.R3(a) order dated 23/09/2017, whereby a representation submitted by Smt. Syamala and others against the functioning of the FL-1 Shop of the 5th respondent Beverages Corporation stands rejected. The petitioners have filed a reply affidavit to the counter affidavit filed by the 3rd respondent, reiterating the contentions raised in the writ petition.

3. The 5th respondent Beverages Corporation has also filed a counter affidavit opposing the reliefs sought for in the writ petition, producing therewith a copy of the order dated 23/09/2017 of the 3rd respondent Deputy Commissioner of Excise as Ext.R5(a). The petitioners have filed a reply affidavit to the counter affidavit filed by the 5th respondent.

4. During the pendency of this writ petition, by the order dated 23/10/2017 in I.A.No.16491 of 2017, an Advocate Commissioner was appointed to inspect the premises in question and to file a report. Pursuant the said order, the Advocate Commissioner inspected the premises and submitted a report dated 13.11.2017.

5. W.P.(C)No.35956 of 2017:- The petitioners, who are also residents of Perumpuzha, have filed this writ petition seeking a writ of certiorari to quash Ext.P3 order dated 23/09/2017 of the 3rd respondent Deputy Commissioner of Excise and seeking a declaration that the FL-1 Shop run by the 4th respondent Beverages Corporation (FL-1 Shop No.2002 in Sy.Nos.544/4/3 and 544/4/5 of Elampallur Village in Kollam Taluk) is liable to be closed down. The petitioners have also sought for a writ of mandamus commanding respondents 1 to 3 to close down the aforesaid FL-1 Shop; a declaration that the report dated 22/09/2017 of the 7th respondent Circle Inspector of Excise, referred to in Ext.P3 order, is erroneous, unjust, illegal and unsustainable; and a writ of mandamus commanding the 1st respondent State to consider and pass orders on Ext.P6 representation dated 06/11/2017 submitted by the 1st petitioner.

6. Heard the learned counsel for the petitioners in these writ petitions, the learned Senior Government Pleader for the official respondents and the learned Standing Counsel for the Beverages Corporation.

7. The issue that arises for consideration in these writ petitions is as to whether the petitioners are entitled for a writ of mandamus commanding the official respondents to close down FL1 Shop run by the Beverages Corporation in Elampallur Village. The request made to close down the said shop has already been turned down by the Deputy Commissioner of Excise by the order dated 23/09/2017, which is under challenge in W.P.(C)No.35956 of 2017. However, the petitioner in W.P.(C)No.30294 of 2017 has not chosen to challenge the said order, by amending the writ petition