KUMAR Vs. COMMISSIONER OF EXCISE

JUDGEMENT

(1.) Under challenge in this petition filed under Article 226 of the Constitution of India is the order dated 8.8.2020 issued by the 1st respondent suspending the privilege granted to the petitioner and also the licensees, purportedly for violating Rule 5 (16) of the Kerala Abkari Shops Disposal Rules, 2002.

(2.) The petitioner states that he is the successful bidder of the toddy shops in Group No.3 of Aluva Excise Range for the year 2020-2023. The auction was confirmed in favor of the petitioner by order dated 06.04.2020. He further contends that in respect of two shops., viz., toddy shop Nos 15/2020-21 and 28/2020-21, the 2nd respondent has already issued license as is evident from Exhibits P1 and P2. When he started the functioning of the toddy shops he was met with resistance offered by a particular union and he had to approach this Court seeking police protection. On the strength of Exhibit P3 interim order passed by this Court, he was able to commence and run the business.

(3.) The petitioner contends that in respect of three remaining shops, there occurred some delay in getting consent from the owners as they were very wary of giving their premises for running toddy shops. However, he managed to obtain consent and submitted Exhibits P4 to P6 applications before the 2nd respondent. As per the provisions, Shops can be installed only after executing an agreement and after taking out the necessary license. The petitioner contends that he has already remitted the annual rental for all the toddy shops,Toddy Welfare Fund Contribution for all the employees and the Tree Tax for the first six months of the contract period. The workers of the toddy shops were also permitted to work in the two shops that have already started functioning. It is at this juncture that Exhibit P7 order was issued by the 1st respondent suspending the privilege granted to the petitioner. The petitioner was directed to submit his explanation and Exhibit P8 was submitted. It is in the above backdrop that the petitioner is before this Court seeking the following reliefs: