KERALA STATE BEVERAGES Vs. STATE POLICE CHIEEF, THIRUVANANTHAPURAM

JUDGEMENT

(1.) The petitioner is stated to be a public limited company, which is wholly owned by the Government of Kerala. Their grievance voiced in this writ petition is that the respondents 5 to 7 and persons acting under them are obstructing the operation of their outlet, vending foreign liquor, at Muttathara, Thiruvananthapuram, which the claim is being operated on a valid licence. They have sought a direction from this Court to respondents 1, 2 and 3, who are the concerned police officials in charge of the area where the outlet in question is situated, to afford adequate and effective protection to run the outlet without any let or hindrance from the respondents 5 to 7.

(2.) We notice from the pleadings available on record that the specific assertion of the petitioner - Corporation is that they are running the outlet on the strength of a deemed licence. According to them, even though they have made an application for licence with the 4th respondent Corporation, since the said Authority has not disposed of the application within the time limit specified in the Kerala Municipal Corporations Act, it should be deemed that they are entitled to operate on the strength of a deemed licence.

(3.) The respondents 5 to 7 on the other hand, contend that the outlet is now being sought to be operated by the petitioner Corporation in violation of the distance rules prescribed under the Abkari Act and according to them, the nearest temple is only about 45 metres away.