ASOKAN Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) The petitioner is a licensee of a foreign liquor shop (FL1) 217/1994-1995 for the period commencing from 1-4-1994. The auction in respect of the shop was confirmed in his name by the Board of Revenue and third respondent Assistant Excise Commissioner, Trivandrum, by Ext. P1 letter directed the petitioner to execute the agreement and obtain licence. Accordingly, the petitioner executed the agreement as required under the rules. The jurisdiction of the area of the FL 1 shop which was licensed to the petitioner is Vizhinjam village. The second respondent, however, granted FL12 licence to the fourth respondent, the Kerala State Co-operative Consumer Federation Limited, authorising to start retail sale outlet for sale of beer in bottles at Kovalam in Vizhinjam Panchayat. By Ext. P2 dated 1-7-1994 the Board of Revenue granted sanction to the fourth respondent to conduct shop and to obtain licence after payment of required licence fee. Ext. P2 order of the Board of Revenue is mainly sought to be quashed in this writ petition.

(2.) Heard learned counsel, Sri K. L. Narasimhan, on behalf of the petitioner. The main contesting respondent in this case is the fourth respondent, who is represented by counsel. It does not appear to me that the presence of fifth respondent is essential inasmuch as his role in the impugned transaction is not displayed any where. Since the issue of licence to fourth respondent is held up, a decision in this case appears to be urgent. In that view of the matter, this writ petition has been taken up for final hearing at this stage itself when the interim petition came up for consideration.

(3.) Ext. P2 proceedings for grant of licence to the fourth respondent under sub-rule (12) of Rule 13 of the Foreign Liquor Rules (hereinafter referred to as 'Rules'). Sub-rule (12) is thus :