ANCY CHACKO Vs. COMMISSIONER OF EXCISE

JUDGEMENT

(1.) HEARD both the learned counsel.

(2.) THIS is an appeal against the judgment and order dated 22. 5. 2000 passed by the learned Single Judge in O. P. 12130 of 2000. O. P. was filed by the present appellant Smt. Ancy Chacko challenging the impugned order dated 12th April, 2000, Ext. PI passed by the first respondent Commissioner of excise, Thiruvananthapuram purporting to be in exercise of his powers under the first proviso to sub-r. (2) of R. 6 of the Abkari Shops (Disposal in auction)Rules, 1974 (for short, "the rules") framed under the Kerala Abkari act,1 of 1077. Under the impugned order dated 12th April, 2000 the first respondent had accorded sanction "to install the FLI shop No. 70/2000-2001 at Karukachal Panchayat" as per the proviso to R. 6 (2) of the aforesaid rules on condition that the licensee will not be permitted to locate the shop outside its schedule limit with effect from 2001-2002. It was further ordered that the shop should be located in the schedule limit with effect from 1. 4. 2001.

(3.) THIS case clearly illustrates the Res Ipsa Loquitor maxim. On 13th March, 2000 the third respondent fare his bid at the auction fully aware of the fact that the auction for Shop No. 70 was for the changanacherry Municipal limits only. The bid was accepted on the same day. It seems that thereafter the third respondent applied to the Circle Inspector of excise, Changanacherry on 23rd March, 2000 pointing out that it was difficult for him to locate the shop in the Changanacherry Municipal limits and there was no unobjectionable site which was available to him for locating his FL1 shop. Within a day of this application being made, the Circle Inspector of Excise, changanacherry promptly made a report to the Assistant Excise Commissioner, kottayam on 24th March, 2000. The report is obviously in favour of the third respondent to the effect that his request for temporarily shifting the FL1 shop no. 70 from the Changanacherry town to Karukachal town may be considered favourably.