Shaffique, J.
Petitioner has approached this Court inter alia seeking the following reliefs:
“(i) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to shift the foreign liquor shop No.FL-1-78 functioning on the western side of the MC Road at Neelimangalam forthwith.
(ii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to close down the foreign liquor shop No.FL-1-78 functioning on the western side of the MC Road at Neelimangalam until license is taken from the Kottayam Municipality as per Section 447 of the Kerala Municipality Act, 1994 and the Kerala Municipality (Issue of licence to dangerous and offensive trades and factories) Rules, 2011.”
2. The complaint of the petitioner is regarding the functioning of FL-1 shop by the 6th respondent. According to him, it is functioning within one meter from M.C. Road and it causes nuisance to the people in the locality and also there is traffic hindrances. Further case of the petitioner is that several accidents have been caused on account of large number of people assembling near the shop. Petitioner has submitted several representations, but no action has been taken, hence he has approached this Court in the form of public interest litigation.
3. Learned Standing Counsel for the Beverages Corporation submits that so far no complaint had been given by the petitioner before competent authorities, i.e. the Excise Commissioner. Learned counsel for the petitioner submits that the complaint given by him to the Chief Minister had been forwarded to the Excise Commissioner.
4. Having regard to the aforesaid facts and circumstances we are of the view that there is no reason to entertain this writ petition as public interest litigation, since petitioner's case is only with respect to one of the outlets of 6th respondent. However, we observe that the petitioner shall submit a fresh representation to the Excise Commissioner and on receipt of the same, said authority shall consider the matter and decide it in accordance with law, after hearing affected parties.
The Writ Petition is disposed of as above.
Sd/-
Ashok Bhushan, Acting Chief Justice.
Sd/-
A.M. Shaffique, Judge.
ttb/12/12