IMPORTANT POINTS:
The upper portion of the compound wall is having iron railings on brick pillars. As per the provisions under Ext.R3(a) FL-3 licence, the petitioner has to exhibit the name board of the bar hotel with statutory warning. If the petitioner is permitted to shift the entrance to the place, as sought for in Ext.P3 application, such board has to be erected on the southern boundary of NH-744. Considering the proximity to the Government school on the side of Pathanapuram-Kunnicode road, such a course cannot be permitted at all.

1. The petitioner, who is stated to be the Managing Director of M/s. Maramon Hotel and Resorts (P) Ltd., has been issued with Ext.R3(a) FL-3 license dated 10.07.2018 (FL-3/KLM- 39/2018-19) by the 2nd respondent Excise Commissioner to vend foreign liquor in his hotel 'Rohini Hills' (building Nos. VPXVII/590, 591) at Kunnicode.

2. The petitioner filed Ext.P3 application dated 03.08.2018 before the 2nd respondent Excise Commissioner, through the 3rd respondent Deputy Excise Commissioner, Kollam, seeking permission to open the main entrance to the hotel from NH-744 (which is closed with brick masonry). The 3rd respondent forwarded Ext.P3 application to the 2nd respondent Excise Commissioner, along with a letter dated 13.09.2018, pointing out that the shifting of the gate to the proposed place will amount to violation of distance rule and hence recommended to reject that application. The 2nd respondent, after examining the matter rejected Ext.P3 application, stating that the shifting of the existing gate of the hotel to the proposed site will amount to violation of the distance rule. The petitioner filed Ext.P5 representation before the 1st respondent State seeking interference and thereafter filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P4 order of the 2nd respondent Excise Commissioner and grant him permission to re-open the main gate of hotel 'Rohini Hills', for proper running, in the interest of tourists arriving in the locality; and a writ of mandamus commanding the 1st respondent State to dispose of Ext.P7 representation dated 29.11.2018, in the light of Ext.P6 judgment of this Court dated 09.03.2012 in W.P.(C)No.32560 of 2009.

3. On 12.12.2018, when this writ petition came up for admission, the learned Senior Government Pleader sought time to get instructions.

4. By the order dated 08.01.2019 in I.A.No.1 of 2019, Shri. K.R. Arun Krishnan, a lawyer practising before this Court, was appointed as Advocate Commissioner, who was directed to conduct an inspection of the petitioner's hotel 'Rohini Hills' at Kunnicode, with notice to the learned counsel for the petitioner and also to the learned Senior Government Pleader, and submit a report before this Court within the time limit specified in that order, with specific reference to the matters enumerated in paragraph 4 of the affidavit accompanying to that interlocutory application.

5. In the order dated 08.01.2019, it was made clear that, it would be open to both sides to submit work memo to the Advocate Commissioner and that, a copy of the building plan approved by the Local Self Government Institution shall be handed over to the Advocate Commissioner, so as to enable him to conduct a proper inspection. The remuneration payable to the Advocate Commissioner was fixed, inclusive of the travelling expenses and the expenses for availing the service of any technically qualified person for measuring the distance and preparing a detailed sketch. The learned Senior Government Pleader was directed to ensure that the officials from the office of the 3rd respondent Deputy Excise Commissioner render necessary assistance to the Advocate Commissioner.

6. The Advocate Commissioner conducted inspection on 14.01.2019 and submitted a report dated 18.01.2019, producing therewith Annexure B location sketch prepared by one Dr.M.M.Khan, Chartered Engineer, Kollam and Annexure C series of photographs.

7. On 05.02.2019, a statement has been filed by the 3rd respondent Deputy Excise Commissioner, opposing the reliefs sought for in this writ petition, producing therewith the FL-3 licence dated 10.07.2018 issued to the petitioner as Ext.R3(a); the photographs of the main gate and shatabthi smaraka gate of Government L.P. and Pre-Primary School, Kunnicode as Exts.R3(b) and R3(c); the photographs of the petitioner's hotel 'Rohini Hills' as Ext.R3(d); and the photographs of the pathway leading to the existing gate of the petitioner's hote