Case Law Details
Iswarya Tourist Home Pvt. Ltd Vs Excise Commissioner (Kerala High Court)
Kerala High Court set aside the order with direction to Excise Commissioner to reconsider the claim of the petitioner and decide the distance as per Abkari Laws since there is a Temple right opposite to the bar in question.
Facts- The petitioner calls into question order, issued by the 1st respondent – Excise Commissioner, whereby, their request for permission to install a gate on the western side of their property has been declined, citing the reason that said access will be within the inhibited distance as per the Abkari Laws, since there is a Temple right opposite to the building in question.
Petitioner, argued that, as is evident from the sketches produced on record, even if permission is granted to his client, there would be no violation of the distance rule because, the crossing of the road between the Temple and the petitioner – Company is possible only at a Zebra Crossing, which has been provided at a distance away.
Conclusion- When one examines the order it is clear that it does not refer to any ‘Zebra Crossing’, as has been mentioned by the petitioner. This does not mean that this Court finds that there is any such Crossing, but only that even the contention in such regard has not been adverted to.
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