Kerala High Court

Leju. N vs The Aryankavu Grama Panchayat on 15 September, 2025

Author: C.S.Dias

Bench: C.S.Dias

WP(C) NO. 19353 OF 2025          1

                                                      2025:KER:68479

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                 THE HONOURABLE MR.JUSTICE C.S.DIAS

  MONDAY, THE 15TH DAY OF SEPTEMBER 2025 / 24TH BHADRA, 1947

                      WP(C) NO. 19353 OF 2025

PETITIONER:

          LEJU. N
          AGED 50 YEARS
          S/O NATARAJAN, LEKHA BHAVAN, KARAVOOR P.O,
          PIRAVANTHOOR, ELIKATTOOR, KOLLAM, PIN - 689696

          BY ADVS.
          SRI.K.SIJU
          SHRI.S.ABHILASH
          SMT.ANJANA KANNATH
          SMT.SAFNA P.S.
          SHRI.GAUTHAM SIJU
RESPONDENTS:

    1     THE ARYANKAVU GRAMA PANCHAYAT
          KZHUTHURUTTI P.O, KOLLAM DISTRICT REPRESENTED BY ITS
          SECRETARY, PIN - 691309
    2     SECRETARY
          ARYANKAVU GRAMA PANCHAYAT, KZHUTHURUTTI P.O,
          KOLLAM DISTRICT, PIN - 691309
    3     THE DEPUTY EXCISE COMMISSIONER
          EXCISE COMPLEX, RESIDENCY ROAD, KOLLAM-, PIN -
          691001
    4     THE EXCISE COMMISSIONER
          EXCISE COMMISSIONARATE, VIKAS BHAVAN P.O,
          NANDAVANAM, THIRUVANANTHAPURAM -, PIN - 695033

          BY ADVS. SRI.M.R.SASITH
          SMT.PREETHA K K, SR.GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON
15.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19353 OF 2025        2

                                                 2025:KER:68479



                          JUDGMENT

Dated this the 15th day of September, 2025

The writ petition is filed to direct the 2nd respondent

to issue trade licence in the physical form to the petitioner

expeditiously.

2. The petitioner was the holder of Ext.P1

Ayush SP VII licence issued by the Deputy Excise

Commission (3rd respondent) under Rule 11 of the Kerala

Spirituous Preparations (Control) Rules, 1969, to sell

ayurvedic products of SMV Herbal Remedies Pvt. Ltd.

Ext.P1 licence was valid from 21.02.2023 to 31.03.2025.

The petitioner has already submitted an application for the

renewal of Ext.P1 licence on 24.03.2025. The petitioner's

establishment is situated within the territorial limits of the

1st respondent-Panchayat. Accordingly, the petitioner

applied and obtained Ext.P3 trade licence under the Kerala

Panchayat Raj (Issue of Licence to Factories, Trades,

Entrepreneurship activities and other services) Rules,

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1996, which was valid till 31.03.2024. Before the expiry of

the validity of the licence, the petitioner submitted an

application for renewal of the licence on 11.03.2024. But,

no action was taken in the matter. Hence, the petitioner

filed Appeal No.206/2024 before the Tribunal for Local Self

Government Institutions, Thiruvananthapuram ('Tribunal',

in short) and Ext.P4 order was passed directing the

respondents not to take any coercive proceedings against

the petitioner. During the pendency of the appeal, the

Panchayat committee resolved not to renew the

petitioner's licence. The petitioner challenged the said

order also before the Tribunal, and Ext.P5 order was

passed. On the basis of Exts.P4 and P5 orders, the

petitioner has continued with his business. While so, as the

trade licence expired, the petitioner submitted a renewal

application on 30.01.2025, as evidenced by Ext.P6

acknowledgment receipt. Nevertheless, no action has been

taken on the said application also. In the said background,

the petitioner has filed Appeal No.111/2025 before the

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Tribunal, to declare that the petitioner is entitled to a

deemed licence for the period 2025-2026, in view of the

renewal application dated 30.01.2025. In the said Appeal

also, Ext.P8 order has been passed directing the

respondent to not to take any coercive proceedings against

the petitioner. Despite the pendency of the Appeal, the 3rd

respondent is insisting for the physical copy of the trade

licence issued by the 2nd respondent to renew the Ayush

SP VII licence. Since the Appeal is not being considered,

the petitioner is constrained to file this writ petition.

3. In the counter affidavit by the respondents 1

and 2, it is, inter alia, contended that the 2 nd respondent

has received various complaints from persons of the

locality that the petitioner is carrying on illegal activities in

the name of an ayurvedic pharmacy. He is serving alcohol

and alcoholic substances in the name of ayurvedic

products. Therefore, the Panchayat committee had

decided not to renew the trade licence. The petitioner's

trade licence expired on 31.03.2024, but the renewal

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application was submitted on 30.01.2025. Thus, the

petitioner is not entitled to a deemed licence. The

petitioner has also filed Appeal No.111/2025 before the

Tribunal, for an identical relief. In view of the invocation

of the statutory remedy, this Court may not entertain this

writ petition.

4. In the counter affidavit filed by the 3 rd

respondent, it is stated that they too have received

complaints from the residents of the locality stating that

the petitioner was selling illicit 'arishtas', especially to

persons belonging to the SC/ST communities. The Circle

Inspector of the Excise had conducted detailed enquiry and

submitted Ext.R3(a) report. Similarly, in light of the

adverse reports, the 2nd respondent has rejected the

petitioner's application for D&O licence and the Excise

commissioner has cancelled the petitioner's Ayush SP VII

licence. Against the cancellation order, the petitioner had

filed W.P(C) No.20428/2024 before this Court. By Ext.R3(c)

judgment, this Court quashed the order on the ground that

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the petitioner was not heard. Subsequent to the judgment,

the Excise Commissioner heard the petitioner on

31.01.2025 and directed him to produce all the mandatory

documents for renewal of the licence. Yet, the petitioner

has failed to submit the documents within the time period.

Later on 05.04.2025, the petitioner submitted the

documents, except the D&O licence. Instead, he has

submitted a stay order passed by the Tribunal. As the

validity of Ayush SP VII licence has expired on 31.03.2025,

the petitioner has submitted an online application for

renewal. The same has been referred to the Excise

Commissioner without recommending for renewal. The

issue pertaining to the implementation of order is

subjudice in W.P(C) No.20428/2024. Hence, the writ

petition may be dismissed.

5. The petitioner's grievance is regarding the

non-consideration of the application for D&O licence

submitted before the 2nd respondent as early as on

30.01.2025.

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6. It is the petitioner's case that, in view of the

Sub-section (3) of Section 236 of the Kerala Panchayat Raj

Act, 1994, the petitioner is entitled to a deemed licence, as

30 days have lapsed after the submission of the application

for renewal of the licence.

7. The above contention is disputed by the 2 nd

respondent in his counter affidavit stating that, even

though the petitioner's licence had expired on 31.03.2024,

the application for renewal was only submitted on

30.01.2025.

8. It is undisputed that the petitioner has

already preferred Ext.P7 Appeal before the Tribunal, to

declare that he is entitled for a deemed licence for the

period between 2025-2026 pursuant to his renewal

application dated 30.01.2025.

9. In light of the disputed questions of fact

raised in this writ petition and that the petitioner has

already invoked his statutory remedy under the Kerala

Panchayat Raj Act, 1994, I am of the definite view that the

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question whether the petitioner is entitled to a deemed

licence is to be decided by the Tribunal. Based on the

decision the petitioner's application for renewal of the

Ayush SP VII licence can be considered.

In the aforesaid circumstances, I dispose this writ

petition, by directing the Tribunal to consider Appeal

No.111/2025, in accordance with law, and as expeditiously

as possible, at any rate, within ninety days from the date

of production of a copy of this judgment, after affording the

petitioner and the 2nd respondent an opportunity of being

heard. The 2nd respondent may file his written statement

before the Tribunal within three weeks from the date of

receipt of a copy of this judgment, if so advised.

The writ petition is thus ordered accordingly.

Sd/-

C.S.DIAS, JUDGE NAB

2025:KER:68479

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF AYUSH SP-VII LICENSE ISSUED BY THE 3RD RESPONDENT DATED 21.02.2023 TO THE PETITIONER EXHIBIT P2 THE TRUE COPY OF APPLICATION ACKNOWLEDGEMENT DATED 24.03.2025 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT EXHIBIT P3 THE TRUE COPY OF RENEWED TRADE LICENSE ISSUED BY THE 2ND RESPONDENT FOR A PERIOD FROM 28.04.2023 TILL 31.03.2024 EXHIBIT P4 THE TRUE COPY OF ORDER DATED 02.05.2024 IN IA NO.546/2024 IN APPEAL NO.206/2024 ON THE FILE OF TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM EXHIBIT P5 THE TRUE COPY OF ORDER DATED 01.06.2024 PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM IN I.A NO.713/2024 IN APPEAL NO.264/2024 ALONG WITH TYPED COPY EXHIBIT P6 THE COPY OF APPLICATION FOR RENEWAL OF TRADE LICENSE DATED 30.01.2025 SUBMITTED BEFORE THE 2ND RESPONDENT ALONG WITH ITS ACKNOWLEDGEMENT RECEIPT EXHIBIT P7 THE TRUE COPY OF RELEVANT PAGE OF APPEAL MEMORANDUM IN APPEAL NO.111/2025 FILED BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM DT.14.03.2025 EXHIBIT P8 THE TRUE COPY OF INTERIM ORDER DATED 17.03.2025 IN IA NO.1/2025 IN APPEAL NO.111/2025 ON THE FILE OF TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM EXHIBIT.P9 THE COPY OF JUDGMENT DATED 05.12.2024 IN

EXHIBIT.P10 THE COPY OF CERTIFICATE DATED 04.04.2025 ISSUED BY THE EXCISE CIRCLE INSPECTOR, PUNALUR TO THE PETITIONER EXHIBIT.P11 THE COPY OF CERTIFICATE DATED 03.04.2025 ISSUED BY THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, PATHANAPURAM EXHIBIT.P12 THE COPY OF CERTIFICATE DATED 22.03.2025

2025:KER:68479

SUBMITTED BY THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, ANCHAL EXHIBIT P13 THE COPY OF APPLICATION DATED 11.03.2024 SUBMITTED BEFORE THE 1ST RESPONDENT PANCHAYAT FOR RENEWAL OF EXT.P3 LICENSE

RESPONDENT EXHIBITS

EXHIBIT R3 (a) TRUE COPY OF THE REPORT SUBMITTED BY THE CIRCLE INSPECTOR OF EXCISE,PUNALUR DATED 29.03.2025 EXHIBIT R3 (b) TRUE COPY OF THE ORDER DATED 17.05.2024 EXHIBIT R3 (c) TRUE COPY OF THE JUDGMENT DATED 05.12.2024

EXHIBIT-R2(a) TRUE COPY OF THE DECISION DATED 17.04.2024 TAKEN BY THE 1ST RESPONDENT.

EXHIBIT-R2(b) TRUE COPY OF THE RELEVANT PAGE OF APPEAL MEMORANDUM IN APPEAL NO. 111/2025 FILED BEFORE TRIBUNAL FOR LOCAL SELF GOVERNMENT THIRUVANANTHAPURAM DATED 14/03/2025.

EXHIBIT-R2(c) THE TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 31.03.2025.