HIGH COURT OF KERALA
P.R.RAMACHANDRA MENON, N.ANIL KUMAR, JJ
BHAREJ – Appellant
Versus
EXCISE COMMISSIONER – Respondent
J U D G M E N T
N.ANIL KUMAR,J:
The issue involved in these three cases is closely interlinked and hence they are dealt with together. In order to appreciate the issue involved in these writ petitions, it is advantageous to set out the facts in detail including the background of facts, which have led to the filing of these writ petitions. Parties are hereinafter referred to as 'the petitioner' and 'the respondents' according to their status in WP(C) 30081/2018 unless otherwise stated.
2. In W.P(C) No.30081/2018, the petitioner is one of the two licensees of Toddy Shop Nos.56/2014-15 of Chalissery in Group No.XIV of Thrithala Excise Range from 2014-2015 onwards. The toddy shop was functioning in the building comprised in Sy.No.237/2 of Chalissery Village, which was situated very near to the State Highway. In State of Tamil Nadu v. K.Balu [Civil Appeal Nos.12164-12166 of 2016] dtd.15.12.2016, the Apex Court issued orders interdicting the functioning of the liquor shops within a distance of 500 metres from a :-8-:
National or State Highway beyond the date 31.3.2017. All States and Union Territories were mandated to strictly enforce the above directions. As directed, the petitioner closed
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