IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 WP(C).No. 12296 of 2008(L) -------------------------- PETITIONER: ------------ P.A.GEORGE, S/O.ABRAHAM, PUTHANPURAYIL HOUSE, PATHIRIKKODE, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: ------------- 1. THE EDAPATTA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, EDAPATTA, MALAPPURAM DISTRICT. 2. THE EDAPATTA GRAMA PANCHAYATH BOARD, REPRESENTED BY ITS PRESIDENT, EDAPATTA, MALAPPURAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE,J. ----------------------------------- W.P.(C)No.12296 OF 2008 ----------------------------------------------------- DATED THIS THE 9TH DAY OF APRIL, 2008 J U D G M E N T In this writ petition filed under Article 226 of the Constitution of India, I do not propose to go into the merits of the matter. Petitioner's complaint is that two toddy shops are allowed to be conducted within the area of the respondent- Panchayat, though no license has been issued by the Panchayat for the conduct of the shop. Relying on the judgment of this Court in Bosco Antony V. State of Kerala 2007(4) KLT 526, it is contended that for the functioning of the toddy shop, license from the Grama Panchayat is absolutely necessary. The complaint is regarding toddy shop Nos.39 and 40 coming under the Perinthalmanna Excise Range. 2. I am of the view that in the nature of the orders which are being passed hereunder, no prejudice will be caused to the persons who are conducting toddy shop Nos.39 and 40 though they have not been impleaded as parties. Accordingly this writ petition will stand disposed of issuing the following directions. W.P.(C)No. 12296/08 -2- 1) The first respondent is directed to take up Exhibit P1 representation immediately, issue notice to the persons who are conducting toddy shop Nos.39 and 40 within the area of the Panchayat, hear those persons and also the petitioner and take a correct decision on Exhibit P1 representation. 2) The decision as directed above shall be taken at the earliest and at any rate within six weeks of receiving a copy of this judgment. PIUS C.KURIAKOSE, JUDGE. dsn