Kerala State Beverages(M&M) ... vs State Of Kerala
2021 Latest Caselaw 14731 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943
                        WP(C) NO. 37920 OF 2016
PETITIONER/S:

          KERALA STATE BEVERAGES(M&M) CORPORATION
          BEVCO TOWER, VIKAS BHAVAN P.O., PALAYAM,
          THIRUVANANTHAPURAM-33, REPRESENTED BY ITS REGIONAL
          MANAGER, CENTRAL ZONE, ERNAKULAM, SRI.G.MOHANAN.

          BY ADV SRI.NAVEEN.T., SC, KERALA STATE BEV.CO.



RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF
          GOVERNMENT SECRETARIAT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695001.

    2     THE EXCISE COMMISSIONER
          COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM-695001.

    3     PALLIPPURAM GRAMA PANCHAYAT COUNCIL
          CHERAI P.O., ERNAKULAM DISTRICT, PIN-683514,
          REPRESENTED BY ITS SECRETARY.

    4     THE SECRETARY
          PALLIPPURAM GRAMA PANCHAYAT, CHNERAI P.O., ERNAKULAM
          DISTRICT, PIN-683514.


          SRI.ATHUL SHAJI
          SMT.NAMITHA JYOTHISH
          SRI.T.A.SHAJI SR.


          R1 & R2 BY SRI.SURIN GEORGE IPE,SENIOR GOVERNMENT
          PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 37920 OF 2016
                                        2

                                   JUDGMENT

This writ petition is filed by the petitioner seeking the following reliefs:-

"a) Issue aWrit of certiorari or any other writ direction or order calling for the records leading to Ext.P5 decision of the 3rd respondent Panchayat and quashing the same.

b) Issue a writ of mandamus or any other writ, direction or order directing the respondents to allow the petitioner to function the FL-1 Shop No.07029 at Building No.X/800 in Sy.No.401/20 of Pallippuram Grama Panchayat in Ernakulam district.

c) Issue a Writ of mandamus or any other writ, direction or order declaring that the petitioner is entitled to continue the functioning of FL-1 Shop No.07029 at Building No.X/800 in Sy.No.401/20 of Pallippuram Grama Panchayat in Ernakulam District.

d) And grant such other and further reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case including costs."

2. The subject issue relates to declining of trade licence to the Kerala

State Beverages Corporation by the Secretary of the Grama Panchayat,

evident from Ext.P5 dated 10.11.2016. However, today when the matter was

taken up, learned Counsel for the petitioner Corporation submitted that,

already the shop is shifted to some other place and the writ petition has WP(C) NO. 37920 OF 2016

virtually become infructuous.

Therefore, having heard learned Counsel for the petitioner, learned

Standing Counsel for the Panchayat and learned Senior Government Pleader

Sri. Surin George Ipe, the writ petition is dismissed as infructous.

Sd/-

SHAJI P.CHALY JUDGE

uu 14.07.2021 WP(C) NO. 37920 OF 2016

APPENDIX OF WP(C) 37920/2016

PETITIONER EXHIBITS

EXHIBIT P1- TRUE COPY OF THE ORDER DATED 12/6/2014 ISSUED BY THE DEPUTY COMMISSIONER OF EXCISE, ERNAKULAM.

EXHIBIT P2- TRUE COPY OF THE EXCISE LICENCE ISSUED BY THE EXCISE DEPARTMENT FOR FL-1 SHOP NO.07029.

EXHIBIT P3- TRUE COPY OF THE APPLICATION FOR LICENCE SUBMITTED BY THE PETITIONER CORPORATION BEFORE THE 3RD RESPONDENT PANCHAYAT.

EXHIBIT P4- TRUE COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT PANCHAYAT ON SUBMITTING EXT.P3 APPLICATION.

EXHIBIT P5- TRUE COPY OF THE COMMUNICATION DATED 10/11/2016 ALONG WITH THE DECISION DATED 27/10/2016 OF THE PALLIPPURAM GRAMA PANCHAYAT.

EXHIBIT P6- TRUE COPY OF THE JUDGMENT DATED 21/6/2012 IN W.A.NO.1143/2012 OF THIS HON'BLE COURT.

EXHIBIT P7- TRUE COPPY OF THE JUDGMENT DATED 25/10/2011 IN W.A.NO.628/2010 OF THIS HON'BLE COURT.