Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 3RD DAY OF JANUARY 2023 / 13TH POUSHA, 1944 WP(C) NO. 40591 OF 2022 PETITIONER/S: JAYADEEP.G., AGED 43 YEARS S/O GOPALAKRISHNA PILLAI N, KUTTIYUDE THEKKATHIL, MUTHUPPILAKKADU WEST, PORUVAZHY P.O, SASTHAMKOTTA, KOLLAM-690 520. BY ADVS. P.B.KRISHNAN P.B.SUBRAMANYAN SABU GEORGE MANU VYASAN PETER RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, EXCISE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695001. 2 THE KERALA STATE BEVERAGES (M&M) CORPORATION LIMITED (BEVCO), BEVCO TOWER, VIKAS BHAVAN P.O, PALAYAM, THIRUVANATHAPURAM-695033 REPRESENTED BY ITS MANAGING DIRECTOR. 3 MANAGER (OPERATIONS), LIMITED (BEVCO), BEVCO TOWER, VIKAS BHAVAN P.O, PALAYAM, THIRUVANATHAPURAM-695033. 4 REGIONAL MANAGER, LIMITED, REGIONAL OFFICE, PULIKEEZHU, VALANJAVATTOM P.O, THIRUVALLA-683104.
OTHER PRESENT: SC FOR BEVCO T.NAVEEN; GP AMMINIKUTTY K THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-
JUDGMENT
Dated this the 3rd day of January, 2023 The petitioner and his brother are the owners of a building in Ward No.3 of the Sasthamcotta Grama Panchayat. The second respondent had envisioned interest in taking the building on lease for the purpose of conducting an FL-1 shop. On coming to know about this, the petitioner forwarded Ext.P8 proposal. After negotiation, the rate of rent was fixed and sanction was accorded by the third respondent for opening FL-1 shop. However, the shop was not opened due to the objections raised by a residents association. The petitioner has preferred Ext.P12 representation, requesting for early resolution of the issue, so that the FL-1 shop could be opened.
2. Learned Counsel for the petitioner -3- submitted that, for the time being, the petitioner will be satisfied with a direction to consider Ext.P12.
3. Learned Standing Counsel submitted that
the second respondent will take an appropriate decision on the representation. The writ petition is accordingly disposed of, directing the second respondent to consider Eext.P12 and take a reasoned decision on the request therein, after affording an opportunity of hearing to the petitioner. The decision, as directed above, shall be taken within one month of receipt of a copy of this judgment. Sd/- V.G.ARUN JUDGE Scl/ -4- APPENDIX OF WP(C) 40591/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT, DATED 14-06-2022 ISSUED BY THE SASTHAMCOTTA VILLAGE OFFICE. Exhibit P2 TRUE COPY OF THE PROPERTY TAX RECEIPT, DATED 30-06-2022 ISSUED BY THE Exhibit P3 TRUE PHOTO COPY OF THE LOCATION SKETCH DATED 14-062022 ISSUED BY THE SASTHAMCOTTA VILLAGE OFFICER. Exhibit P4 TRUE PHOTO COPY OF THE OWNERSHIP CERTIFICATE, DATED 3006-2022 ISSUED BY THE Exhibit P5 TRUE COPY OF THE POSSESSION LOCATION CERTIFICATE, DATED 20-06-2022 ISSUED BY THE SASTHAMCOTTA VILLAGE OFFICER. Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 17-12-2012 IN W.P(C) NO.24265 OF 2012. Exhibit P7 TRUE COPY OF THE LETTER DATED 18-07-2022 SUBMITTED THE PETITIONER BEFORE RESPONDENT NO.3.
Exhibit P8 TRUE PHOTO COPY OF THE LETTER DATED 19-07Exhibit P9 TRUE PHOTO COPY OF THE LETTER DATED 16-09Exhibit P10 TRUE COPY OF THE LETTER NO.KSBC/MO-
RESPONDENT NO.3 TO RESPONDENT NO.4. Exhibit P11 TRUE COPY OF THE COVERING LETTER DATED 22- 10-2022 ALONG WITH THE FILE NOTES ISSUED BY THE PUBLIC INFORMATION OFFICER IN THE OFFICE OF RESPONDENT NO.2. Exhibit P12 TRUE COPY OF THE PHOTO COPY OF THE REPRESENTATION DATED 1511-2022 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.2.