FR. FRACIS KUZHIPPALLIL, vs STATE OF KERALA

Petitioner is the Assistant Vicar of a Church and allegedly

the Meghala Convenor of the ''Kerala Madhya Virudha Janakiya

Munnani'' at Rajakkad. According to the petitioner, an outlet of

the Kerala State Beverages Corporation was functioning at

Vyapara Bhavan Building, Ward No.7 of Vellathuval Panchayat.

However, the said building is situated on the side of State

Highway No.59. Consequent to the judgment of the apex

court in '' State of Tamil Nadu and others v. K. Balu and

another '' [2017 (1) KHC 26 (SC)], the said outlet was shifted

to Mangappara, which is more than 10 k.m. away from the

then existing shop.

However, now the Beverages Corporation is taking

steps to start a shop in the building of the Vyapara Bhavan.

Thereupon, petitioner has submitted Ext.P3 dated 07.10.2017

before the 2nd respondent, which is pending consideration.

Heard learned counsel for the petitioner, learned

Government Pleader and the learned Standing Counsel for the

3rd respondent Beverages Corporation. Perused the documents

on record and the pleadings put forth by the petitioner.

Since Ext.P3 application is pending consideration

before a statutory authority, I think it is only appropriate that

a direction is issued to attain finality to the same. Therefore,

there will be a direction to the 2nd respondent to consider

Ext.P3 in accordance with law, and attain finality to the same,

after providing an opportunity of hearing to the petitioner, at

the earliest and at any rate, within a month from the date of

receipt of a copy of the judgment.

The writ petition is disposed of accordingly.