Kerala High Court
Deepu Chacko vs State Of Kerala on 14 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 14TH DAY OF MAY 2024 / 24TH VAISAKHA, 1946
WP(C) NO. 17099 OF 2024
PETITIONER:
DEEPU CHACKO,AGED 43 YEARS
S/O.CHACKO ANTONY (LATE), PROPRIETOR,
HOTEL BLUE STAR, T.B.ROAD, CHANGANACHERRY, KOTTAYAM
DISTRICT. RESIDING AT KIGANAMCHIRA HOUSE,
P.C.KAVALA P.O, PAIPPAD, CHANGANACHERRY,
KOTTAYAM DISTRICT., PIN - 686101
BY ADVS.
M.G.KARTHIKEYAN
NIREESH MATHEW
RESPONDENTS:
1 STATE OF KERALA
REP. BY SECRETARY, TAXES (A) EXCISE DEPARTMENT,
GOVT. SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001
2 THE EXCISE COMMISSIONER
COMMISSIONERATE OF EXCISE, EXCISE HEAD QUARTERS,
NANDAVANAM, THIRUVANANTHAPURAM., PIN - 695033
3 THE DEPUTY COMMISSIONER OF EXCISE
EXCISE DIVISION OFFICE, COLLECTORATE P.O,
KOTTAYAM., PIN - 686002
4 THE CIRCLE INSPECTOR OF EXCISE
EXCISE CIRCLE OFFICE, CHANGANACHERRY,
KOTTAYAM DISTRICT., PIN - 686101
5 THE ELECTION COMMISSIONER (KERALA)
VIKAS BHAVAN, THIRUVANANTHAPURAM., PIN - 695033
6 THE ELECTION COMMISSIONER OF INDIA
NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI., PIN - 110001
BY ADV DEEPU LAL MOHAN
OTHER PRESENT:
GP PARVATHY K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.17099 of 2024 2
VIJU ABRAHAM, J.
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W.P (C) No.17099 of 2024
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Dated this the 14th day of May, 2024
JUDGMENT
The above writ petition is filed aggrieved by non-renewal of FL-3
licence no.KL-41 on the ground that Code of Conduct of Election will expire
only on 05.06.2024.
2. Petitioner has submitted Ext.P3 application for renewal of FL-3
licence which was in force till 31.03.2014. The entire licence fee for the year
2024-2025 was also remitted by the petitioner as is evident from Ext.P4. But
the licence is not renewed on the ground that the Code of Conduct of
Election is upto 05.06.2024. Petitioner submits that Code of Conduct of
Election is over on 26.04.2024 as far as State of Kerala is concerned and
renewal of licence will not come within the purview of Code of Conduct of
Election. It is aggrieved by the same that the petitioner has approached this
Court.
3. A statement has been filed by the 6th respondent Election Commission
of India wherein it is contended that the Model Code of Conduct will continue
to be in force till the completion of election process and the election process
will be completed only on 06.06.2024. It is further stated that the Election
Commission has prescribed a procedure to be followed in the matter of
allotment of liquor vends during the period of operation of Model Code of
Conduct and in order to streamline the process and ensure time bound
disposal of all Government proposals requiring clearance of the Election
Commission of India while the Model Code of Conduct is in force in the
State, as instructed by the Chief Electoral Officer (Kerala) the Government
has constituted a three members screening committee with the Chief
Secretary as its Chairman so that the clearances from the Election
Commission of India could be sought expeditiously after proper examination
of the proposals by the Committee with reference to the Model Code of
Conduct and the Government has issued Annexure-R6(a) order in
compliance with the same. It is also stated that when a similar situation
occurred earlier, this Court in W.P.(C) No.5672 of 2021 has noted the
constitution of the screening committee for the purpose of obtaining
clearance from the Election Commission in the matter concerning Model
Code of Conduct in Annexure-R6(b) judgment and therefore, if there is any
issue regarding obtaining clearance from the Election Commission of India,
the same can be placed before the screening committee as provided in
Annexure-R6(a) order and necessary orders will be passed thereon by the
Election Commission of India in a time bound manner.
4. The learned Government Pleader has also supported the stand taken
by the 6th respondent in the statement.
5. After hearing both sides, I am of the view that since a committee has
been constituted which is bound to meet on every Monday at 11.00 a.m. to
examine each proposal before sending it to the Chief Electoral Officer
(Kerala), the writ petition could be disposed of as follows:
The request of the petitioner as per Ext.P3 application for renewal of
FL-3 licence shall be placed by the Government before the committee
constituted as per Annexure-R6(a) Government Order and the committee
shall take a decision on the same on the next sitting which falls on next
Monday (20.05.2024) going by Annexure-R6(a). The committee shall take a
decision and communicate the same to the Chief Electoral Officer (Kerala)
and the Chief Electoral Officer (Kerala) shall refer it to the Election
Commission of India within a period of two days, who shall take appropriate
decision on the same without any delay.
With the abovesaid directions the writ petition is disposed of.
Sd/-
VIJU ABRAHAM
JUDGE
cks
APPENDIX OF WP(C) 17099/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF THE RENEWAL OF FL-11
LICENSE CERTIFICATE DATED 01.04.2024
ISSUED BY THE 3RD RESPONDENT.
Exhibit P2 TRUE PHOTOCOPY OF THE 3 STAR
CLASSIFICATION CERTIFICATE ISSUED ON
22.04.2024 BY THE MINISTRY OF TOURISM,
GOVT. OF INDIA.
Exhibit P3 TRUE PHOTOCOPY OF THE APPLICATION
ACKNOWLEDGMENT DATED 23.04.2024.
Exhibit P4 TRUE PHOTOCOPY OF HTE CHALAN DATED
29.04.2024 EVIDENCING THE PAYMENT OF
RS.35,30,000/-.
RESPONDENT ANNEXURES
Annexure R6(a) The true copy of G.O (Rt) No.
1272/2024/GAD dated 16-03-2024
Annexure R6(b) The true copy of Judgment dated 26-03-
2021 of this Hon'ble Court in W.P.(C)
