POULOSE Vs. KAPPUR GRAMA PANCHAYAT

JUDGEMENT

(1.) Briefly stated, the petitioner, a licensee having the privilege to vend toddy, is aggrieved by Ext. P3 stop memo issued by the first respondent Grama Panchayat. In fact, the respondent Grama Panchayat has issued the said stop memo directing the petitioner not to carry on with his trade in toddy on twin grounds: that the shop has been causing obstruction to the public; that petitioner has been running the shop within the territorial limits of the Grama Panchayat without licence. Aggrieved thereby, the petitioner has filed the present writ petition.

(2.) The learned counsel for the petitioner has contended that the petitioner has got Exts. P1 and P1(a) Abkari licences to carry on the trade. He has further contended that the petitioner is not required to take any licence from the Grama Panchayat. In support of his contentions, the learned counsel has drawn my attention to the statement filed by the second respondent, the Government.

(3.) The learned counsel for the respondent Grama Panchayat has, however, made strenuous efforts to counter the contentions of the petitioner. He has submitted that it is obligatory on the part of the petitioner to obtain a licence from the respondent Grama Panchayat in terms of S.232 of the Kerala Panchayat Raj Act (the 'Act' for brevity), read with R.3 of the Kerala Panchayat Raj (Issue of Licence to Dangerous and Offensive Trades and Factories) Rules, 1996 (the 'Rules' for brevity).