Ashok Bhushan, Ag.C.J. Heard the learned counsel for the petitioner and the learned Government Pleader.
2. This writ petition, filed as public interest litigation, prays for direction commanding the respondents 1 and 2 to ensure that the toddy shops are required to comply Rule 12 inserted as per the Kerala Abkari Shops Disposal (Amendment) Rules, 2010 and maintain a hygienic condition in the toddy shops.
3. The allegations in the writ petition are to the effect that various toddy shops in the State are not maintaining hygienic condition and running in an unhealthy condition. This Court directed respondents to file a counter affidavit. The learned Government Pleader -2-
W.P.(C). No. 17419 of 2014 has stated that the Excise Commissioner has issued various circulars directing for periodical inspection by the Excise Officials to ensure that hygienic condition is maintained and appropriate action be taken.
4. An affidavit has also been filed on behalf of the Deputy Excise Commissioner (Law) dated 29.10.2014, in which it has been stated that the 2nd respondent directed all Deputy Excise Commissioners of the concerned divisions to conduct surprise inspections in the toddy shops concerned. It has been stated that toddy shops mentioned in para 3 of the writ petition were inspected by the officers of the department resorting to surprise inspections. The detailed report regarding inspection has been mentioned in paragraph 4.
5. In the counter affidavit filed on behalf of the State, Circular dated 28.08.2014 has already been annexed. In view of the fact that the respondents have taken appropriate steps in accordance with the -3-
W.P.(C). No. 17419 of 2014 Government Order and had inspected the toddy shops and appropriate remedial measures have been taken, we see no reason to continue this writ petition any further. We would observe that the respondents shall ensure periodic inspection and appropriate action as per circular dated 28.08.2014 and the statutory rules regulating running of toddy shops in this context.
With the above directions, this writ petition is closed.
Sd/-
ASHOK BHUSHAN, ACTING CHIEF JUSTICE Sd/-
A.M. SHAFFIQUE JUDGE das