Dismissed

Kerala State Beverages (Manufacturing & Marketing)Corporation Limited v. the Secretary

Kerala HC4 Jun 2020WP(C)/11507/2015

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed three writ petitions challenging trade licence rejections. The court held the petitions were infructuous as the shop involved in the earlier petitions had a licence granted for the relevant period, and the shop in the public interest litigation had been shifted with a new licence, leaving nothing to adjudicate.

What did the court decide?

All writ petitions were dismissed as they had become infructuous due to the shifting of the shop and subsequent grant of a new trade licence.

Kerala State Beverages (Manufacturing… — Constitutional and Fundamental Rights | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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THURSDAY, THE 04TH DAY OF JUNE 2020 / 14TH JYAISHTA, 1942

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WP(C).No.35222 OF 2016(S)

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PETITIONERS:

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1 RAJENDRAN C

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R.S.BHAVAN, CHILLING PLANT JUNCTION, ALANCHERY, YEROOR PO.

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2 SUKESH R.

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KUMARI MANDIRAM, CHILLING PLANT JUNCTION, ALANCHERY, YEROOR PO.

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3 R.SURESHKUMAR SURESH BHAVAN, CHILLING PLANT JUNCTION, ALANCHERY, YEROOR PO.

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BY ADVS.

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SRI.B.KRISHNA MANI SRI.RAHUL VENUGOPAL

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RESPONDENTS:

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1 THE COMMISSIONER OF EXCISE GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.

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2 THE MANAGING DIRECTOR THE KERALA STATE BEVERAGES CORPORATION, SASTHAMANGALAM, THIRUVANANTHAPURAM-9.

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3 THE SECRETARY, YEROOR GRAMA PANCHAYAT, YEROOR PO, KOLLAM DISTRICT-691 312.

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R1 BY SR. GOVERNMENT PLEADER SRI. SURIN GEORGE

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IPE R2 BY ADV. SRI.NAVEEN.T., SC, KERALA STATE BEV.CO. M. AND M. R3 BY ADV. SMT.V.BEENA R3 BY ADV. SMT.V.DEEPA R3 BY ADV. SRI.R.SURAJ KUMAR R3 BY ADV. SMT.N.G.SINDHU

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.06.2020, ALONG WITH WP(C).11507/2015(K), WP(C).13359/2016(T), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).35222/2016, WP(C).11507/2015, & WP(C).13359/2016

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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THURSDAY, THE 04TH DAY OF JUNE 2020 / 14TH JYAISHTA, 1942

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WP(C).No.11507 OF 2015

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PETITIONERS:

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KERALA STATE BEVERAGES (MANUFACTURING & MARKETING)CORPORATION LIMITED, P.B.2263, SASTHAKRIPA OFFICE COMPLEX,SASTHAMANGALAM.P.O, TRIVANDRUM-695 010 REPRESENTED BY ITS REGIONAL MANAGER-C2,MR.G.MOHANAN

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BY ADV. SRI.NAVEEN.T., SC, KERALA STATE BEV.CO. M. AND M.

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RESPONDENTS:

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1 THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 YEROOR GRAMA PANCHAYAT COUNCIL YEROOR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY YEROOR.P.O, KOLLAM DISTRICT-691 312

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3 THE SECRETARY YEROOR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, YEROOR.P.O,KOLLAM DISTRICT-691312

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R1 BY SR.GOVERNMENT PLEADER SRI.SURIN GEORGE IPE R2-3 BY ADV. SMT.V.BEENA R2-3 BY ADV. SMT.V.DEEPA R2-3 BY ADV. SRI.R.SURAJ KUMAR R2-3 BY ADV. SMT.N.G.SINDHU

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.06.2020, ALONG WITH WP(C).13359/2016(T), WP(C).35222/2016(S), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).35222/2016, WP(C).11507/2015, & WP(C).13359/2016

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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THURSDAY, THE 04TH DAY OF JUNE 2020 / 14TH JYAISHTA, 1942

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WP(C).No.13359 OF 2016

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PETITIONER:

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KERALA STATE BEVERAGES (MANUFACTURING & MARKETING) CORPORATION LIMITED, P.B.NO.2263, SASTHAKRIPA OFFICE COMPLEX, SASTHAMANGALAM P.O., TRIVANDRUM-695 010, REPRESENTED BY ITS REGIONAL MANAGER, ERNAKULAM, MR.G.MOHANANAN.

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BY ADV. SRI.NAVEEN.T., SC, KERALA STATE BEV.CO. M. AND M.

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 YEROOR GRAMA PANCHAYAT COUNCIL YEROOR GRAMA PANCHAYAT, YEROOR, REPRESENTED BY ITS SECRETARY-691 312.

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3 THE SECRETARY, YEROOR GRAMA PANCHAYAT, YEROOR-691 312.

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R1 BY SR.GOVERNMENT PLEADER SRI.SURIN GEORGE IPE R2-3 BY ADV. SMT.V.BEENA BY ADV. SMT.V.DEEPA R2-3 BY ADV. SRI.R.SURAJ KUMAR BY ADV. SMT.N.G.SINDHU

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.06.2020, ALONG WITH WP(C).11507/2015(K), WP(C).35222/2016(S), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).35222/2016, WP(C).11507/2015, & WP(C).13359/2016

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JUDGMENT

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Dated this the 4^th day of June, 2020

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[ WP(C).35222/2016, WP(C).11507/2015 & WP(C).13359/2016 ]

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S. Manikumar, CJ.

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W.P(C). No.11507 of 2015 is filed by Kerala State Beverages (Manufacturing and Marketing) Corporation Ltd. Challenging Ext.P4, an order of the Secretary, Yeroor Grama Panchayat, 3^rd respondent therein, by which the request of the Managing Director, Kerala State Beverages (Manufacturing and Marketing) Corporation Ltd. has been rejected. Material on record discloses that by order dated 7.4.2015, a status quo order has been granted.

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W.P(C). No.13359 of 2016 has been filed by Kerala State Beverages (Manufacturing and Marketing) Corporation Ltd. for a mandamus directing Yeroor Grama Panchayat and its Secretary respondents 2 and 3 therein to reconsider the trade licence application submitted by the Beverages Corporation afresh and to issue licence to enable the Beverages Corporation to run FL1-02038 shop in Yeroor. The Corporation has sought for further directions.

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W.P(C). No.35222 of 2016 is a public interest litigation filed for a writ of certiorari to quash the proceedings of Excise Commissioner,

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WP(C).35222/2016, WP(C).11507/2015, & WP(C).13359/2016 5

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Kerala, Thiruvananthapuram Ext.P10, by which the request for shifting of FL1 outlet No.2038 was rejected. As all the writ petitions pertain to the location of the FL1 shop No.2038 and the grant of trade licence for the same, they are taken up together.

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On this day, when the matter came up for hearing, on the basis of proceedings of Yeroor Grama Panchayat dated 29.5.2020, Mr.Suraj Kumar, learned counsel for the Panchayat submitted that FL1 shop 2038 has been shifted to some other place. Trade licence has been granted for the period between 29.5.2020 and 31.3.2021.

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Writ petition Nos.11507 of 2015 and 13359 of 2016 pertain to the period between 2014-2015. By virtue of the interim order of status quo, shop is stated to have been granted Trade Licence by the Panchayat. As the licence period is over, W.P(C). Nos.11507 of 2015 and 13359 of 2016 have become infructuous.

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The prayer made in the public interest litigation is to quash the order of rejection Ext.P10, of the Excise Commissioner, Kerala, Thiruvananthapuram, rejecting the request for shifting of FL1 outlet No.2038 functioning at shop No.364 of Yeroor Grama Panchayat.

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From the reading of the counter affidavit filed by the Company Secretary of Kerala State Beverages (Manufacturing & Marketing) Corporation Ltd., it is evident that FL1 outlet No.2038, Yeroor, Kollam District has been functioning in the building bearing No.YP/XVIII-574,

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WP(C).35222/2016, WP(C).11507/2015, & WP(C).13359/2016

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574 since 2007. Besides, from the proceedings of the Yeroor Grama Panchayat dated 29.5.2020, it is evident that licence has been granted to run FL1 outlet No.2038 for the period between 29.5.2020 and 31.3.2021 at Door No.XIX/731,732. As it is evident that FL1 shop 2038 has been shifted to some other pace, placing on record the above, we are of the view that nothing remains in W.P(C). No.35222 of 2016 to adjudge. Accordingly all the writ petitions are dismissed.

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Sd/-

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S. Manikumar, Chief Justice

Sd/-

Shaji P. Chaly,

Judge

sou.

WP(C).35222/2016, WP(C).11507/2015, & WP(C).13359/2016

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APPENDIX OF WP(C) 35222/2016

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 : TRUE COPY OF THE PHOTOGRAPH. EXHIBIT P2 : TRUE COPY OF THE PHOTOGRAPH. EXHIBIT P3 : TRUE COPY OF THE NEWS PAPER REPORT PUBLISHED IN THE MALAYALA MANORAMA DAILY IN ITS EDITION DATED 3-4-2015. EXHIBIT P3(A) : TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P3. EXHIBIT P4 : TRUE COPY OF THE NEWS PAPAER REPORT PUBLISHED IN THE MATHRUBHOOMI DAILY IN ITS EDITION DATED 3-4-2015. EXHIBIT P4(A) : TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P4. EXHIBIT P5 : TRUE COPY OF THE REPRESENTATION DATED 7-4-2015 SUBMITTED BEFORE THE KERALA LOK AYUKTHA. EXHIBIT P5(A) : TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P5. EXHIBIT P6 : TRUE COPY OF THE DECISION DATED 5-62015 TAKEN BY THE 3RD RESPONDENT PANCHAYAT. EXHIBIT P6(A) : TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P6. EXHIBIT P7 : TRUE COPY OF THE RELEVANT PORTION OF WRIT PETITION WPC.NO.35391/2015 BEFORE THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM. EXHIBIT P8 : TRUE COPY OF THE JUDGMENT DATED 4-32016 IN WPC.NO. 35391/2015 BEFORE THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM.

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WP(C).35222/2016, WP(C).11507/2015, & WP(C).13359/2016 8

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EXHIBIT P9 : TRUE COPY OF THE REPRESENTATION DATED 21-3-2016 BEFORE THE COMMISSIONER OF EXCISE. EXHIBIT P9(A) : TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P9. EXHIBIT P10 : TRUE COPY OF THE ORDER DATED 30-5-2016 PASSED BY THE FIRST RESPONDENT.

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APPENDIX OF WP(C) 11507/2015

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 EXHIBIT P-1: TRUE COPY OF THE LICENSE ISSUED BY THE EXCISE DEPARTMENT TO FL-1 SHOP NO.02038 EXHIBIT P2 EXHIBIT P-2: TRUE COPY OF THE TRADE LICENSE ISSUED BY THE MUNICIPALITY FOR THE PERIOD 2014-2015 ALONG WITH ITS ENGLISH TRANSLATION EXHIBIT P3 EXHIBIT P-3: TRUE COPY OF THE RECEIPT DATED 19.3.2015 ISSUED BY THE 2ND RESPONDNET PANCHAYAT. EXHIBIT P4 EXHIBIT P-4: TRUE COPY OF THE INTIMATION DATED 16.3.2015 ISSUED BY THE RESPONDENT PANCHAYAT, ALONG WITH ITS ENGLISH TRANSLATION EXHIBIT P5 EXHIBIT P-5: TRUE COPY OF THE JUDGMENT DATED 25.10.2011 IN W.A NO.628/2010 BY THIS COURT. EXHIBIT P6 EXHIBIT P-6: TRUE COPY OF THE JUDGMENT DATED 21.6.2012 IN W.A NO.1143/2012 BY THIS COURT.

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APPENDIX OF WP(C) 13359/2016

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PETITIONER'S/S EXHIBITS:

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P1 : A TRUE COPY OF THE EXCISE LICENSE ISSUED BY THE EXCISE DEPARTMENT. P2 : A TRUE COPY OF THE TRADE LICENSE NO.A52233/14/12 DATED 22.4.2014 ISSUED BY THE RESPONDENT PANCHAYAT TO THE SHOP OF THE SHOP OF PETITITONER FOR THE PERIOD 2014-2015. P3 : A TRUE COPY OF THE INTIMATION DATED 30.3.2015 ISSUED BY THE RESPONDENT PANCHAYAT. P4 : A TRUE COPY OF THE JUDGMENT DATED 25.10.2011 IN WA.NO.628/2010 P5 : A TRUE COPY OF THE JUDGMENT IN WA NO.1143 OF 2012 DATED 21.6.2012 P6 : A TRUE COPY OF THE INTERIM DATED 7.4.2015 IN WPC. 11507 OF 2015. P7 : A TRUE COPY OF THE APPLICATION DATED 5.3.2016 P8 : A TRUE COPY OF THE ORDER REJECTING THE TRADE LICENCE NO.A6.8452/14 DATED 21.3.2016.

Kerala State Beverages (Manufacturing & Marketing)Corporation Limited v. the Secretary

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Kerala State Beverages (Manufacturing & Marketing)Corporation Limited v. the Secretary

Case brief

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