IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 3RD MAY 2011 / 13TH VAISAKHA 1933 WP(C).No. 12957 of 2011(T) ----------------------------------------- PETITIONER(S): -------------------------- BINU.K.G, AGED 31 YEARS, S/O. GOPALAKRISHNAN, KARYAM KUNNEL HOUSE, BISON VALLEY KARA, BISON VALLEY VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADVS. SRI.M.P.KRISHNAN NAIR, SMT.RAJESWARI KRISHNAN, SRI.V.B.NARAYANAN, SRI.ANIYANKUNJU VARGHESE. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP. BY SECRETARY, DEPARTMENT OF EXCISE, GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM - 695 001. 2. THE COMMISSIONER OF EXCISE, KERALA STATE, EXCISE DEPARTMENT, TRIVANDRUM -695 001. 3. KERALA STATE BEVERAGES CORPORATION LTD., TRIVANDRUM, REP. BY SECRETARY, KSBC, TRIVANDRUM - 695 009. 4. MANAGING DIRECTOR, KERALA STATE BEVERAGES CORPORATION LTD., TRIVANDRUM - 695 009. 5. THE MANAGER, KERALA STATE BEVERAGES CORPORATION LTD., OLAMATTOM, THODUPUZHA, IDUKKY DISTRICT-685 602. Kss ..2/- ..2.... WPC.NO.12957/2011 T 6. SHOP IN-CHARGE, KERALA STATE BEVERAGES CORPORATION LTD., FL-O 06020, BISON VALLEY, IDUKKI DISTRICT - 685 602. 7. CHINNAKKANAL GRAMA PANCHAYATH, CHINNAKANAL, IDUKKI DISTRICT, REP. BY ITS SECRETARY, PIN - 685 612. 8. BISON VALLEY GRAMA PANCHAYATH, IDUKKI DISTRICT, REP. BY ITS SECRETARY, BISON VALLEY VILLAGE, BISON VALLEY, IDUKKI DISTRICT - 685 613. 9. K.K. JAYACHANDRAN, MLA, UDUMBANCHOLA, IDUKKI DISTRICT - 685 613. 10. REJY JOY, RESIDING OPPOSITE TO THE VILLAGE OFFICE, CHINNAKKANAL, IDUKKI DISTRICT - 685 602. 11. KERALA STATE TOURISM DEVELOPMENT CORPORATION, TRIVANDRUM, REP. BY ITS MANAGING DIRECTOR - 695 001. R1 & R2 BY GOVERNMENT PLEADER SRI. P.NARAYANAN R3 TO R6 BY ADV. SRI. ELVIN PETER P.J., SC, KSBC R11 BY ADV. SRI. P.A. AHMED, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J ........................................... WP(C)No.12957 OF 2011 ............................................ DATED THIS THE 3rd DAY OF MAY, 2011 JUDGMENT The petitioner is the owner of a building bearing Door No.VI/228B of Bison Valley Grama Panchayat. The said building has been let out to the Kerala State Beverages (Manufacturing and Marketing) Corporation Limited, hereinafter referred to as the “Corporation” for short, for a period of five years commencing from 25.8.2006 on a monthly rent of Rs.10/- per sq.feet. Pursuant to a resolution adopted by the Chinnakkanal Grama Panchayat to request the Corporation to open a new FL-1 shop in that Panchayat, the Corporation decided to shift the FL-1 shop functioning in the petitioner's building within the limits of Bison Valley Grama Panchayat to Chinnakkanal Grama Panchayat. Such a decision was made essentially on the ground that the volume of sales at Bison Valley Grama Panchayat was very low when compared to the volume of sales in other outlets. The Commissioner of Excise also recommended the proposal to start an FL-1 shop at Chinnakkanal. The Government thereupon wpc 12957/2011 2 passed Ext.P2 order dated 19.8.2009 according sanction to the Corporation to shift the FL-1 shop functioning in the petitioner's building in Bison Valley Grama Panchayat to Chinnakkanal Grama Panchayat in Idukki District. The authorisation issued to the Corporation to run the aforesaid Fl-1 shop was accordingly modified by Ext.P3 notification. Since the Corporation intends to vacate the petitioner's building consequent on the decision taken by it to shift the shop to another panchayat, the person in charge of the shop issued Ext.P3 letter to the petitioner informing him that with effect from 30.4.2011, the shop will cease to function in his building. This writ petition is filed challenging Ext.P2 Government order and Ext.P3 notification and seeking a direction to the respondents to renew the lease agreement with the petitioner and to continue the retail outlet of the third respondent in Bison Valley Grama Panchayat. 2. The main contention raised by the petitioner is that the period for which the Corporation had taken his building on lease has not expired and that the Corporation has also not issued two months' notice in terms of clause 8 of Ext.P1 lease deed and therefore the decision to shift the shop is illegal. The petitioner wpc 12957/2011 3 also contends that if the existing FL-1 shop is shifted from Bison Valley Panchayat to Chinnakkanal Grama Panchayat, it will lead to sale of illicit liquor in Bison Valley Grama Panchayat. It is also contended that the Bison Valley Grama Panchayat is a tourist centre and it will lose its importance if there is no FL-1 shop within the local limits of that Grama Panchayat. 3. I heard Sri V.B.Narayanan, the learned counsel appearing for the petitioner. The learned counsel apart from reiterating the contentions stated in the writ petition, contended that the Deputy Commissioner of Excise has not granted permission to shift the shop and therefore the direction issued in Ext.P2 is not sustainable. During the course of arguments, when it was pointed out to the learned counsel for the petitioner that the Commissioner of Excise is competent to transfer the shops from one site to another or from one locality to another and alter the limits of any shop even during the currency of the license, the learned counsel for the petitioner submitted that such power can be exercised only by the Deputy Commissioner. I am afraid the said contention cannot be accepted. Sub-rule (2) of rule 7 of Kerala Abkari Shops Disposal Rules, 2002 empowers the Deputy wpc 12957/2011 4 Commissioner only to shift a shop from one location within the notified limits to another location within the very same limits. The Deputy Commissioner cannot permit the shop to be located outside the notified limits. Such power is available only with the Commissioner of Excise. Ext.P2 discloses that the Commissioner of Excise has recommended the proposal submitted by the Corporation to start an FL-1 shop at Chinnakkanal. The proposal submitted by the Corporation is to start an FL-1 shop at Chinnakkanal by relocating FL-1 shop functioning in the petitioner's building in Bison Valley Grama Panchayat. It is thus implied that the Commissioner of Excise has consented to the transfer of the shop then existing in Bison Valley Grama Panchayat to Chinnakkanal Grama Panchayat. Such being the situation, the petitioner cannot legitimately complain about the decision taken by the Commissioner of Excise/Government/Corporation to shift the FL-1 shop to another locality. As regards the petitioner's claim that the tenant is bound to continue to occupy the tenanted premises for the full period of lease viz, five years from 25.8.2006, that contention cannot be a ground to hold that the tenant must continue to do wpc 12957/2011 5 the business in the very same building or locality. If the Corporation thought it fit to relocate the FL-1 shop and to vacate the building owned by the petitioner it cannot be termed illegal. If the tenant has not complied with the conditions in Ext.P1 agreement, the petitioner can at best only claim payment of rent for the two months' notice period stipulated in clause 8 thereof. I therefore find no grounds to entertain the writ petition. The writ petition fails and is accordingly dismissed inlimine. P.N.RAVINDRAN, JUDGE lgk