Kerala High Court
WP(C)/11741/2025 of BENNY, Vs STATE OF KERALA, on 4 April 2025
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 11741 OF 2025 PETITIONER/S: 1 BENNY, AGED 64 YEARS S/OVELAPPAN, THOPPIL HOUSE, PARUR MURI, MANAKUNNAM VILLAGE, KANAYANNUR TALUK, SOUTH PARAVOOR P.O,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947
WP(C) NO. 11741 OF 2025
PETITIONER/S:
BENNY,
AGED 64 YEARS
S/OVELAPPAN, THOPPIL HOUSE, PARUR MURI, MANAKUNNAM
VILLAGE, KANAYANNUR TALUK, SOUTH PARAVOOR P.O, ERNAKULAM, PIN - 682307
RAJANI,
AGED 61 YEARS
D/O VELAPPAN THOPPIL HOUSE, PARUR MURI, MANAKUNNAM
VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN
- 682307
SAINA,
AGED 54 YEARS
D/OVELAPPAN THOPPIL HOUSE, PARUR MURI, MANAKUNNAM
VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN
- 682307
BIJU,
AGED 55 YEARS
S/O. VELAPPAN THOPPIL HOUSE, PARUR MURI, MANAKUNNAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM
DISTRICT, PIN - 682307
REXONA,
AGED 65 YEARS
D/O VELAPPAN THOPPIL HOUSE, PARUR MURI, MANAKUNNAM
VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN
- 682307
PUSHPA SHAJI,
AGED 28 YEARS
W/O LATE SHAJI, THOPPIL HOUSE, PARUR MURI, MANAKUNNAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM
DISTRICT, PIN - 682307
POOJA SHAJI,
AGED 31 YEARS
D/O LATE SHAJI, THOPPIL HOUSE, PARUR MURI, MANAKUNNAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM
DISTRICT, PIN - 682307
SHINE SHAJI,
AGED 36 YEARS
S/O LATE SHAJI, THOPPIL HOUSE, PARUR MURI, MANAKUNNAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM
DISTRICT, PIN - 682307
BY ADVS.
JOLLY JOHN
LIZA MEGHAN CYRIAC
C.S.RESHMI
IRENE BABU
MEHNAZ P. MOHAMMED
RUBIN SHIBU
RESPONDENT/S:
STATE OF KERALA,
REPRESENTED BY ADDITIONAL CHIEF SECRETARY
TAXES,GOVERNMENT OF KERALA, MAIN BLOCK, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
EXCISE COMMISSIONER,
EXCISE COMMISSIONERATE, VIKAS BHAVAN P.O., NANDAVANAM, THIRUVANANTHAPURAM, PIN - 695022
DEPUTY EXCISE COMMISSIONER,
EXCISE DIVISION OFFICE,EXCISE ZONAL
COMPLEX,KACHERIPPADY,ERNAKULAM, PIN - 682018
SECRETARY, UDAYAMPEROOR GRAMA PANCHAYATH, 6/410, NADAKKAVU JUNCTION, SH15, NADAKKAVU, UDAYAMPEROOR, THRIPPUNITHURA, KERALA, PIN - 682307
JAYAPRAKASH
AGE UNKNOWN TO PETITIONERS,S/O DAMODARAN, ARISSERIL HOUSE, VELLAASSERI, KADUTHURUTHY
VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN - 686604
PRASAD
AGE UNKNWON TO PETITIONERS,S/O DAMODARAN, ARISSERIL HOUSE, VELLAASSERI, KADUTHURUTHY
VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN - 686604
ASHOKAN T.P
AGE AND FATHERS NAME NOT KNOWN TO THIS PETITIONER, THUNDIYIL HOUSE, CHAMBAKKARA, POONITHURA VILLAGE, ERNAKULAM DISTRICT, PIN - 682308
BY ADVS.
K.P.MADHU
M.G.KARTHIKEYAN M.G.
NIREESH MATHEW(K/973/1994)
OTHER PRESENT:
SRI. SREEJITH V.S., GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioners have approached this Court praying inter alia for a direction to respondents 2 and 3 not to issue/renew any licence granted to a toddy shop situated in a land comprised in Re- Sy.No.669/7 (Old Sy.No.33/22) of Manakunnam Village without the express consent of the petitioners who claim to be the owners of the property.
2. It is the case of the petitioners that the party respondents have fraudulently obtained licence for running a toddy shop upon the land belonging to the petitioners without consent of the petitioners. This suggestion of the learned counsel for the petitioners is stoutly opposed by the learned counsel appearing for respondents 5 to 7.
3. Heard the learned Government Pleader appearing for the official respondents and the learned counsel appearing for the 4th respondent Panchayat also.
4. The learned counsel appearing for respondents 5 to 7
would submit that respondents 5 to 7 have no objection in a direction being issued to the 3rd respondent to consider any objection that may be raised by the petitioners also while considering any application that may be filed by respondents 5 to 7 for renewal of licence for the year 2025-2026. This course of action is acceptable to the counsel for the petitioners.
5. Having heard the learned counsel appearing for the petitioners, the learned Government Pleader appearing for the official respondents, the learned counsel appearing for the 4th respondent Panchayat and the learned counsel appearing for respondents 5 to 7, I am of the opinion that this writ petition can be disposed of, directing the 3rd respondent to consider any objection that may be raised by the petitioners and to provide an opportunity of hearing to the petitioners or their authorised representative as also to respondents 5 to 7 while considering any application for renewal of licence filed by respondents 5 to 7 in respect of the shop referred to herein above. The writ petition is ordered accordingly. I make it clear that I am not expressing any opinion on the merits of the matter. It is open to the 3rd respondent to take a decision in the matter in accordance with law after affording an opportunity of hearing to the parties as directed above. The 3rd respondent shall endeavor to consider the matter as directed above within a period of one month from the date of receipt of a certified copy of this judgment.
Sd/-
GOPINATH P. JUDGE Scl/
APPENDIX OF WP(C) 11741/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE FINAL DECREE PASSED BY THIRD ADDITIONAL SUB JUDGE ERNAKULAM IN IA 5673/1997 IN OS 392/1981 Exhibit P2 THE TRUE COPY OF THE DELIVERY RECEIPT DATED 08/11/2023 ISSUED BY THE PETITIONERS HEREIN IN EP NO:782/2002 TO THE AMIN, DISTRICT COURT ERNAKULAM . Exhibit P3 THE TRUE COPY OF THE THANDAPPER ACCOUNT OF THE PROPERTY EXTENDING TO 15 ARES 54 M² MUTATED INTO THE NAMES OF THE PETITIONERS PURSUANT TO THE FINAL DECREE AND DELIVERY Exhibit P4 THE TRUE COPY OF THE LAND TAX RECEIPT DATED 29 JUNE 2024 ISSUED BY THE VILLAGE OFFICE MANAKUNNAM TO THE PETITIONERS Exhibit P5 THE TRUE COPY OF THE APPLICATION DATED 28/09/2024, SUBMITTED BY THE PETITIONERS UNDER RIGHT TO INFORMATION ACT BEFORE EXCISE RANGE OFFICE THRIPPUNITHURA Exhibit P6 THE TRUE COPY OF THE REPLY DATED 19/10/2024, ISSUED BY THE CIRCLE INSPECTOR OF EXCISE, ERNAKULAM TO THE APPLICATION MADE BY THE 8TH PETITIONER Exhibit P7 THE TRUE COPY OF THE CONSENT LETTER ISSUED BY THE SEVENTH RESPONDENT TO THE THIRD RESPONDENT Exhibit P8 THE TRUE COPY OF THE REPLY DATED 05/11/2024 GIVEN BY THE 4TH RESPONDENT
TO THE 8TH PETITIONER Exhibit P9 A TRUE COPY OF THE COMPLAINT DATED 10/03/2025 SUBMITTED BY THE PETITIONERS TO VARIOUS AUTHORITIES UNDER LOCAL SELF- GOVERNMENT DEPARTMENT, INCLUDING THE FOURTH RESPONDENT Exhibit P10 A TRUE COPY OF THE COMPLAINT DATED 10/03/2025 SUBMITTED BY THE PETITIONERS TO 2ND AND 3RD RESPONDENTS RESPONDENT EXHIBITS Exhibit R7(a) True photocopy of the license issued for toddy shop No.20 dated 30.10.2023. Exhibit R7(b) True photocopy of the agreement dated 28.05.2022 Exhibit R7(c) True photocopy of the agreement dated 27.03.2006 Exhibit R7(e) True photocopy of the Caveat O.P.No.202/2024 filed by Sulabha and Subin K.Valsan before the Sub Court, Ernakulam dated 05.08.2024 Exhibit R7(d) True photocopy of the building tax paid before the Udayamperoor Grama Panchayath for the year 2024-25 , dated 03.10.2024.