SREEJAYA T.S. Vs. DISTRICT POLICE CHIEF

JUDGEMENT

(1.) The writ petition is filed by the petitioner claiming to be the owner in possession and enjoyment of Building No.T.P - V/677 of Thalavoor Grama Panchayat. The petitioner had rented out the building to the third respondent for conducting a foreign liquor outlet (FL-1 shop). Ext.P1 is the order passed by the Excise authorities permitting shifting of the outlet to the building in question and Ext.P2 is the licence that is issued under the Foreign Liquor Rules. The shop was opened on 20.7.2017. However, from the next day, the residents in the neighbourhood under the leadership of respondents 5 to 9 have obstructed the functioning of the outlet, caused damages not only to the building but also to the compound wall and also prevented the petitioner from entering into the premises. Even though requests were made both by the petitioner and also by the third respondent, the police help was not forthcoming and, therefore, the writ petition was filed.

(2.) The counsel appearing for respondents 5 to 9 contends that going by the records of the Panchayat, the owner of the land is the petitioner's mother and that, therefore, the petitioner has no right whatsoever. He further contends that the area is a residential area, where the shop in question cannot be established. Yet another contention raised is that the third respondent has not complied with the requirements of the Section 232 of the Panchayat Raj Act, which also disentitle him to obtain an order as sought for.

(3.) Exts.P1 and P2 produced by the petitioner show that the third respondent has been permitted by the Excise authorities to shift the shop in question to the building mentioned above. It further shows that the Excise authorities have granted license under the Foreign Liquor Rules and the scheduled premises is the building in question. The grant of license necessarily implies that the licensed premises does not suffer from any of the disqualifications prescribed in the Foreign Liquor Rules. In other words, the shop in question is a licensed one and is a legitimate one.