IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 WP(C).No. 27437 of 2011(D) -------------------------- PETITIONER: --------------- THE REGIONAL MANAGER (NORTH) KERALA STAET BEVERAGES (M&M) CORPORATION LIMITED KOZHIKODE REGION, KOZHIKODE PIN 673 573. BY ADV. MR.C.S.AJITH PRAKASH RESPONDENTS: --------------- 1. THE SECRETARY LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THAMARASSERY GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY THAMARASSERY, KOZHIKODE 673 573. 3. THE SECRETARY, THAMARASSERY GRAMA PANCHAYATH THAMARASSERY, KOZHIKODE PIN 673 573. 4. THE CIRCLE INSPECTOR OF POLICE, THAMARASSERY POLICE STATION, THAMARASSERY, KOZHIKODE PIN 673 573. ADV. SRI.K.A.SALIL NARAYANAN FOR R2 & 3 GOVERNMENT PLEADER MR.V.K.RAFEEQ FOR R1 & R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27437 of 2011(D) APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1. A TRUE COPY OF THE FL-1 LICENSE NO.11015 ISSUED BY THE DEPUTY COMMISSIONER OF EXCISE, KOZHIKODE. EXHIBIT P2. A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 18.8.2011 ISSUED BY THE SECRETARY OF THE GRAMA PANCHAYATH. EXHIBIT P3. A TRUE OF THE NOTICE DATED 7.10.2011 ISSUED BY THE SECRETARY TO THE PETITIONER. EXHIBIT P4. A TRUE COPY OF THE REPLY NOTICE DATED 13.10.2011 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. EXHIBIT P5. A TRUE COPY OF THE NOTICE DATED 14.10.2010 ISSUED BY THE SECRETARY TO THE PETITIONER. EXHIBIT P6. A TRUE COPY OF THE JUDGMENT IN WP(C)NO.23258/2008 DATED 12.1.2010. RESPONDENTS' EXHIBITS: EXT.R2(a): NOTICE ISSUED BY RESPONDENT PANCHAYATH DTD. 7.7.2009. EXT.R2(b): LETTER DTD. 15.9.2009. EXT.R2(c): LETTER DTD. 29.3.2010. EXT.R2(d): LETTER DTD. 29.3.2010. EXT.R2(e): MINUTES OF THE MEETING DTD. 29.9.2011. .... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.27437 Of 2011 ---------------------- Dated this the 9th day of December, 2011. J U D G M E N T Writ petition is filed seeking to quash Exts.P3 & P5, for a declaration that the shop of the petitioner is eligible for exemption under Section 237 of the Panchayath Raj Act and thereby legally entitled to run FL-1 licence No.11015 shop without taking a licence under Section 232 of the Panchayath Raj Act and for a direction permitting the petitioner to run the FL-1 shop No.11015 till a licence is issued by the Panchayath on the application of the petitioner. 2. The petitioner is the Regional Manager (North) of the Kerala State Beverages (M&M) Corporation Ltd (for short the Corporation). The petitioner Corporation is running a FL-1 shop No.11015 in Thamarassery Town of Thamarassery Panchayath. Ext.P1 is the licence issued by the Excise Authorities. The Secretary of the Grama Panchayath issued Ext.P3 notice on 7.10.2011 and Ext.P5 notice on 14.10.2011 directing the Manager of the shop to close the shop immediately for the reason ::2:: W.P.(C).No.27437 Of 2011 that the Corporation has not obtained licence under Section 232 of the Kerala Panchayath Raj act. According to the petitioner, the petitioner is conducting the shop after taking all licenses which are required under the provisions of the Abkari Act and Rules, that licence under the Kerala Panchayath Raj Act is not required, therefore, the insistence of obtaining licence under Section 232 of the Kerala Panchayath Raj Act is illegal. 3. The question as to whether the licence is required under the Kerala Panchayath Raj Act for running FL-1 shop was considered by this Court in Ext.P6 judgment. This Court, after considering the Rules and relevant materials, held that the Corporation cannot claim the benefit of Section 237 of the Kerala Panchayath Raj Act and that this Court rejected the contention of the Corporation that no licence need be obtained in view of Section 237. In the writ appeal preferred by the Corporation against Ext.P6 judgment, a Division Bench of this Court confirmed Ext.P6 judgment. 4. In the light of the legal position, writ petition filed seeking to set aside Exts.P3 & P5 notices cannot stand. The ::3:: W.P.(C).No.27437 Of 2011 petitioner is at liberty to apply for licence before the 3rd respondent. If an application is submitted within a period of two weeks from today, the 3rd respondent shall consider and pass appropriate orders, within a period of four weeks thereafter. The parties shall maintain status quo as on today, for a period of two months. 5. The learned counsel for the petitioner Corporation further stated that the local bodies like Panchayath are raising untenable objections for rejecting the application for licence. It is made clear that the Municipalities/Panchayaths are not entitled to, arbitrarily, reject applications for licence to the Corporation, which is a Government of Kerala undertaking, if the applicant is entitled to licence under law. The writ petition is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-