J. ISSAC Vs. THE MANAGING DIRECTOR AND ORS.

JUDGEMENT

(1.) PETITIONER claims to be a native of Thachampara Grama Panchayat, the 5th respondent herein. By Ext.P1 order passed by the Government of Kerala exercising its powers under the provisions of the Kerala Abkari Shops Disposal Rules, 2002, one additional foreign liquor I shop was allotted to the Palakkad Division. According to the petitioner, though the said shop was intended to be started at Kalladikode, it was established within the territory of the 5th respondent Panchayat in violation of the provisions contained in the rules mentioned above.

(2.) ACCORDING to the petitioner, the shop has been located in building No. 2/187 of Thachampara Grama Panchayat, which is stated to be within 150 metres of Kunnathkavu temple and therefore is situated within the prohibited distance in terms of Rule 7(2) of Kerala Abkari Shops Disposal Rules, 2002. He also contends that the shop has been established without obtaining licence from the 5th respondent Panchayat in terms of the provisions contained in the Kerala Panchayat Raj (Issue of Licence to Dangerous and Offensive Trades and Factories) Rules, 1996.

(3.) THE second contention of the petitioner is that the shop has been established without obtaining licence from the 5th respondent Panchayat. The 1st respondent is admitting that it has not obtained any licence. However, it is seeking to justify its stand relying on Section 237 of the Kerala Panchayat Raj Act and reference is also made to the order passed by the Tribunal for Local self Government Institutions in Revision Petition No. 7/04. According to the 1st respondent, it being an undertaking fully owned by the Government, it is not necessary to obtain licence and permission in view of Section 237 of the Kerala Panchayat Raj Act and that the said stand has been upheld by the Tribunal in the order referred to above.