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2026 Supreme(Online)(Ker) 5674

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.M.MANOJ, J
KERALA STATE BEVERAGES [MANUFACTURING & MARKETING] CORPORATION LIMITED – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.NAVEEN.T.
For the Respondents: SHRI.K.B.GANGESH, SRI.C.HARIKUMAR, SRI.RENJITH RAJAPPAN, SRI.P.S.SIDHARTHAN

JUDGMENT

Dated this the 29th day of January, 2026 This writ petition is preferred challenging Ext.P5 stop memo issued by the Panchayat. The petitioner herein is the Kerala State Beverages (M&M) Corporation, which is authorised to conduct FL-1 shops within the State of Kerala. Accordingly, the petitioner Corporation was operating FL-1 Shop No. 8020 within the territorial limits of Amballur Grama Panchayat and Nenmanikkara Grama Panchayat. While so, pursuant to the directions issued by the Hon’ble Apex Court on 15.12.2016 in Civil Appeal No.12164 of 2016 and connected cases, the petitioner was compelled to shift the shop from the said premises, as it had direct access from the National Highway. Accordingly, the Corporation took steps to shift the shop to a non-objectionable place by identifying a building bearing No. XIV/272 and 272A of Nenmanikkara Grama Panchayat, as it satisfied the distance criteria stipulated by the Hon’ble Apex Court.

2. Accordingly, the petitioner obtained the requisite licence from the Excise Department to shift the FL-1 shop to the new building, which is away from the National Highways, as evidenced by Ext.P2.

3. In that context, the petitioner approached the

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