Administrative acts must be reasonable and transparent, especially when affecting business operations.

JUDGMENT

Dated this the 29^th 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 Nenmanikkara Grama Panchayat for obtaining a D&O licence. While the said application was pending consideration, the Panchayat issued Ext.P5 stop memo without assigning any specific reason and without disclosing the fact that the application for D&O licence was pending at that point of time. The Panchayat has also filed a counter affidavit stating that there was heavy protest by the local residents against the establishment of the FL-1 shop within the thickly populated area. It further contended that it violates the distance rules as per the provisions of the Abkari Shops Disposal Rules. However, these facts were not reflected in the impugned notice.

4. When the matter was taken up today, the learned counsel appearing for the Panchayat submitted that the earlier building has already been demolished and a new building has been constructed. The learned counsel appearing for the petitioner also submitted that the FL-1 shop is now functioning in the new building bearing Nos.3/548, 3/549 and 3/550 of Nenmanikkara Grama Panchayat, on the basis of a valid D&O licence issued by the Panchayat. In these circumstances, the prayer sought for in the writ petition no longer survives. Accordingly, the writ petition is closed, recording the submission that the FL-1 outlet is functioning without any interference.

Sd/-