Kerala State Beverages ... vs State Of Kerala
2021 Latest Caselaw 10584 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

     MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

                      WP(C).No.40442 OF 2016(E)


PETITIONER:

               KERALA STATE BEVERAGES (MANUFACTURING & MARKETING)
               CORPORATION LIMITED, BEVCO TOWER, VIKAS BHAVAN P.O,
               PALAYAM, THIRUVANANTHAPURAM - 33, REPRESENTED BY ITS
               REGIONAL MANAGER, S-2, THIRUVALA, SRI. K.N. RAJATH.

               BY ADV. SRI.NAVEEN.T., STANDING COUNSEL

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL
               SELF GOVERNMENT SECRETARIAT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM - 695 001.

      2        THE EXCISE COMMISSIONER
               COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM 695001.

      3        CHERTHALA MUNICIPAL COUNCIL
               CHERTHALA MUNICIPALITY, REPRESENTED BY ITS SECRETARY,
               CHERTHALA - 688 524.

      4        THE SECRETARY
               CHERTHALA MUNICIPALITY, OFFICE OF THE CHERTHALA
               MUNICIPALITY, CHERTHALA - 688 524.

               R1& R2 BY SRI.SURIN GEORGE IPE, SENIOR GOVERNMENT
               PLEADER
               R3 & R4 BY ADV. SRI.JOBY CYRIAC, STANDING COUNSEL

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD          ON
29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.40442 OF 2016(E)                          2


                                       JUDGMENT

Dated this the 29th day of March 2021

This writ petition is filed by the Kerala State Beverages (Manufacturing &

Marketing) Corporation Limited against the proceedings initiated by the

Cherthala Municipality, seeking the following reliefs:

(i) Issue a writ of certiorari or any other writ, direction or order calling for the records leading to Exhibit P6 decision of the 4 th respondent and quashing the same.

(ii) 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.4003 in Building No.545-A and 545-B of Cherthala Municipality.

(iii)Issue a writ of mandamus or any other writ, direction or order declaring that the petitioner is entitled to continue the function of the FL-1 Shop No.4003 in Building No.545-A and 545-B of Cherthala Municipality.

(iv)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. Today when the matter is taken up, learned counsel for petitioner

submitted that the subject matter of this writ petition has become infructuous

since petitioner has opened the shop elsewhere.

Therefore, the writ petition is dismissed as infructuous recording the above

submission.

Sd/-

                                                            SHAJI P.CHALY

smv                                                               JUDGE