Kerala High Court
Benny vs State Of Kerala on 4 April, 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947
WP(C) NO. 11741 OF 2025
PETITIONER/S:
1 BENNY,
AGED 64 YEARS
S/OVELAPPAN, THOPPIL HOUSE, PARUR MURI, MANAKUNNAM
VILLAGE, KANAYANNUR TALUK, SOUTH PARAVOOR P.O,
ERNAKULAM, PIN - 682307
2 RAJANI,
AGED 61 YEARS
D/O VELAPPAN THOPPIL HOUSE, PARUR MURI, MANAKUNNAM
VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN
- 682307
3 SAINA,
AGED 54 YEARS
D/OVELAPPAN THOPPIL HOUSE, PARUR MURI, MANAKUNNAM
VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN
- 682307
4 BIJU,
AGED 55 YEARS
S/O. VELAPPAN THOPPIL HOUSE, PARUR MURI,
MANAKUNNAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM
DISTRICT, PIN - 682307
5 REXONA,
AGED 65 YEARS
D/O VELAPPAN THOPPIL HOUSE, PARUR MURI, MANAKUNNAM
VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN
- 682307
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W.P.(C)No.11741 of 2025
2
6 PUSHPA SHAJI,
AGED 28 YEARS
W/O LATE SHAJI, THOPPIL HOUSE, PARUR MURI,
MANAKUNNAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM
DISTRICT, PIN - 682307
7 POOJA SHAJI,
AGED 31 YEARS
D/O LATE SHAJI, THOPPIL HOUSE, PARUR MURI,
MANAKUNNAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM
DISTRICT, PIN - 682307
8 SHINE SHAJI,
AGED 36 YEARS
S/O LATE SHAJI, THOPPIL HOUSE, PARUR MURI,
MANAKUNNAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM
DISTRICT, PIN - 682307
BY ADVS.
JOLLY JOHN
LIZA MEGHAN CYRIAC
C.S.RESHMI
IRENE BABU
MEHNAZ P. MOHAMMED
RUBIN SHIBU
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY ADDITIONAL CHIEF SECRETARY
TAXES,GOVERNMENT OF KERALA, MAIN BLOCK, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 EXCISE COMMISSIONER,
EXCISE COMMISSIONERATE, VIKAS BHAVAN P.O.,
NANDAVANAM, THIRUVANANTHAPURAM, PIN - 695022
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W.P.(C)No.11741 of 2025
3
3 DEPUTY EXCISE COMMISSIONER,
EXCISE DIVISION OFFICE,EXCISE ZONAL
COMPLEX,KACHERIPPADY,ERNAKULAM, PIN - 682018
4 SECRETARY, UDAYAMPEROOR GRAMA PANCHAYATH,
6/410, NADAKKAVU JUNCTION, SH15, NADAKKAVU,
UDAYAMPEROOR, THRIPPUNITHURA, KERALA, PIN - 682307
5 JAYAPRAKASH
AGE UNKNOWN TO PETITIONERS,S/O DAMODARAN,
ARISSERIL HOUSE, VELLAASSERI, KADUTHURUTHY
VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN -
686604
6 PRASAD
AGE UNKNWON TO PETITIONERS,S/O DAMODARAN,
ARISSERIL HOUSE, VELLAASSERI, KADUTHURUTHY
VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN -
686604
7 ASHOKAN T.P
AGE AND FATHERS NAME NOT KNOWN TO THIS PETITIONER,
THUNDIYIL HOUSE, CHAMBAKKARA, POONITHURA VILLAGE,
ERNAKULAM DISTRICT, PIN - 682308
BY ADVS.
K.P.MADHU
M.G.KARTHIKEYAN M.G.
NIREESH MATHEW(K/973/1994)
OTHER PRESENT:
SRI. SREEJITH V.S., GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C)No.11741 of 2025
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JUDGMENT
The petitioners have approached this Court praying inter alia
for a direction to respondents 2 and 3 not to issue/renew any licence
granted to a toddy shop situated in a land comprised in Re-
Sy.No.669/7 (Old Sy.No.33/22) of Manakunnam Village without the
express consent of the petitioners who claim to be the owners of the
property.
2. It is the case of the petitioners that the party respondents
have fraudulently obtained licence for running a toddy shop upon the
land belonging to the petitioners without consent of the petitioners.
This suggestion of the learned counsel for the petitioners is stoutly
opposed by the learned counsel appearing for respondents 5 to 7.
3. Heard the learned Government Pleader appearing for the
official respondents and the learned counsel appearing for the 4 th
respondent Panchayat also.
4. The learned counsel appearing for respondents 5 to 7
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would submit that respondents 5 to 7 have no objection in a direction
being issued to the 3rd respondent to consider any objection that may
be raised by the petitioners also while considering any application
that may be filed by respondents 5 to 7 for renewal of licence for the
year 2025-2026. This course of action is acceptable to the counsel for
the petitioners.
5. Having heard the learned counsel appearing for the
petitioners, the learned Government Pleader appearing for the
official respondents, the learned counsel appearing for the 4 th
respondent Panchayat and the learned counsel appearing for
respondents 5 to 7, I am of the opinion that this writ petition can be
disposed of, directing the 3rd respondent to consider any objection
that may be raised by the petitioners and to provide an opportunity of
hearing to the petitioners or their authorised representative as also to
respondents 5 to 7 while considering any application for renewal of
licence filed by respondents 5 to 7 in respect of the shop referred to
herein above. The writ petition is ordered accordingly.
I make it clear that I am not expressing any opinion on the
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merits of the matter. It is open to the 3 rd respondent to take a
decision in the matter in accordance with law after affording an
opportunity of hearing to the parties as directed above. The 3 rd
respondent shall endeavor to consider the matter as directed above
within a period of one month from the date of receipt of a certified
copy of this judgment.
Sd/-
GOPINATH P.
JUDGE
Scl/
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APPENDIX OF WP(C) 11741/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE FINAL DECREE PASSED
BY THIRD ADDITIONAL SUB JUDGE ERNAKULAM
Exhibit P2 THE TRUE COPY OF THE DELIVERY RECEIPT
DATED 08/11/2023 ISSUED BY THE
PETITIONERS HEREIN IN EP NO:782/2002 TO
THE AMIN, DISTRICT COURT ERNAKULAM .
Exhibit P3 THE TRUE COPY OF THE THANDAPPER ACCOUNT
OF THE PROPERTY EXTENDING TO 15 ARES 54
M² MUTATED INTO THE NAMES OF THE
PETITIONERS PURSUANT TO THE FINAL DECREE
AND DELIVERY
Exhibit P4 THE TRUE COPY OF THE LAND TAX RECEIPT
DATED 29 JUNE 2024 ISSUED BY THE VILLAGE
OFFICE MANAKUNNAM TO THE PETITIONERS
Exhibit P5 THE TRUE COPY OF THE APPLICATION DATED
28/09/2024, SUBMITTED BY THE PETITIONERS
UNDER RIGHT TO INFORMATION ACT BEFORE
EXCISE RANGE OFFICE THRIPPUNITHURA
Exhibit P6 THE TRUE COPY OF THE REPLY DATED
19/10/2024, ISSUED BY THE CIRCLE
INSPECTOR OF EXCISE, ERNAKULAM TO THE
APPLICATION MADE BY THE 8TH PETITIONER
Exhibit P7 THE TRUE COPY OF THE CONSENT LETTER
ISSUED BY THE SEVENTH RESPONDENT TO THE
THIRD RESPONDENT
Exhibit P8 THE TRUE COPY OF THE REPLY DATED
05/11/2024 GIVEN BY THE 4TH RESPONDENT
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TO THE 8TH PETITIONER
Exhibit P9 A TRUE COPY OF THE COMPLAINT DATED
10/03/2025 SUBMITTED BY THE PETITIONERS
TO VARIOUS AUTHORITIES UNDER LOCAL SELF-
GOVERNMENT DEPARTMENT, INCLUDING THE
FOURTH RESPONDENT
Exhibit P10 A TRUE COPY OF THE COMPLAINT DATED
10/03/2025 SUBMITTED BY THE PETITIONERS
TO 2ND AND 3RD RESPONDENTS
RESPONDENT EXHIBITS
Exhibit R7(a) True photocopy of the license issued for
toddy shop No.20 dated 30.10.2023.
Exhibit R7(b) True photocopy of the agreement dated
28.05.2022
Exhibit R7(c) True photocopy of the agreement dated
27.03.2006
Exhibit R7(e) True photocopy of the Caveat
O.P.No.202/2024 filed by Sulabha and
Subin K.Valsan before the Sub Court,
Ernakulam dated 05.08.2024
Exhibit R7(d) True photocopy of the building tax paid
before the Udayamperoor Grama Panchayath
for the year 2024-25 , dated 03.10.2024.
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