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2025 Supreme(Online)(Ker) 53580

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
UNITED SPIRITS LIMITED, CHERTHALA UNIT, VARANAD, CHERTHALA-688524, ALLEPPEY DISTRICT, KERALA – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 8723 OF 2020



Advocates:
For the Appellants/Petitioners: SRI.RAJU K.MATHEWS
For the Respondents: SRI. SREEJITH V.S., SR. GP.

Failure to provide reasons for license renewal refusal mandates judicial review and reconsideration of the application.

Headnote:The court analyzed the refusal of a license renewal under the Kerala Distillery & Warehouse Rules, 1968, highlighting the lack of stated reasons for rejection in Ext.P7. The court concluded that the impugned order was unsustainable and directed its quashing, ordering a reassessment of the renewal application. The main issue identified was the absence of justification for the refusal by the authorities. As a result, the writ petition was granted.

Table of Content
1. challenge against license renewal refusal (Para 1)
2. no stated reasons in ext.p7 leads to quashing (Para 2 , 3 , 4)
3. writ petition is allowed (Para 5)

JUDGMENT

The petitioner challenges Ext.P7 order, which refused to renew the license granted to the petitioner in Form No. I, II, III, IV-A for the year 2020-2021 for the conduct of distillation and bottling under the provisions of the Kerala Distillery & Warehouse Rules, 1968.

2. A reading of Ext.P7 shows no reason at all stated for the rejection.

3. Upon admission of the writ petition, this court had directed the Government Pleader to produce the letter dated 04.03.2020 referred to in Ext.P7.

4. Accordingly, a memo was filed, producing the same, which also contains no reason.

5. In view of the above, Ext.P7 cannot be sustained, and the same is quashed. There will be a direction to the second respondent to reconsider the petitioner's renewal application, with notice to him. It shall be done within two months from the date of receipt of a copy of this judgment. It will be open to the petitioner to produce such materials to substantiate his contentions, which will be adverted to while passing orders, as directed above.

The impugned order is quashed. The writ petition is allowed as above.

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