The court ruled that a writ petition is premature if it challenges actions not yet taken, emphasizing the need for obtaining proper licenses before establishment of new outlets.

JUDGMENT

The petitioners preferred this writ petition to restrain the respondents from taking measures to establish and operate an outlet of the Kerala State Beverages (Manufacturing and Marketing) Corporation Ltd at the Sulthan Bathery KSRTC Bus Depot. The KSRTC was impleaded as the 7^th respondent.

2. A counter affidavit has been filed on behalf of the Beverages Corporation as follows:-

“7. It is submitted that the Corporation will commence the functioning of the retail outlet only by complying the Abkari Act and Rules as well as the provisions of Foreign Liquor Rules . The Corporation is planning to establish a super premium outlet and hence all necessary procedures and requirements will be met before establishing the retail outlet. The submitted that an effective ground control mechanism will be implemented to ensure smooth and safe operation of the outlet.

8. It is submitted that the FL-1 outlet will be commenced at Sulthan Batheri KSRTC bus depot only after obtaining Excise license from the Excise Department. An Excise license as stated above will be issued only after a detailed field inspection by the Excise authorities to ensure that the retail outlet satisfies distance norms prescribed in the Foreign Liquor Rules . Since the proposal for starting the FL-1 outlet is in its early stage the Writ Petition filed by the Petitioners is premature and hence liable to be dismissed.”

3. A counter affidavit has been filed on behalf of the KSRTC as follows:-

“7. I respectfully submit that the building is situate more than 200 meter away from the institution referred in the petition. It is a super-premium outlet hence the functioning of the outlet will not cause any nuisance to the public. Similar, shops are functioning in the airport. It will be started after completing necessary civil works with enclosed parking space on the left (5 meters), right side (7merters) and 3 meters towards back side to accommodate customers vehicles. Similarly the whole property is to be enclosed to ensure safety.

There is no violation of any law.”

4. It is not disputed by the parties that the outlet has not started functioning. The learned Government Pleader on instruction submits that no application has been received from the Corporation to date. The above submissions are recorded.

5. Accordingly, no orders can be passed in this writ petition as sought for, at this stage, except directing the 5^th respondent, Deputy Commissioner of Excise, to consider Ext.P4 objection preferred by the petitioners, when he considers the application seeking permission to the 6^th respondent to put up an outlet in the premises of the 7^th respondent. All the contentions of the parties are left open.