KODUNGALLUR KALLUCHETHU VYVASAYA Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is a Cooperative Society managing all the toddy shops in Kodungallur range. The petitioner has to store toddy, according to the petitioner. Petitioner thereupon applied for a depot licence in accordance with the Toddy Depot Licence Rules issued in S.R.O. No. 649/75 dated 31.5.1975 in the Kerala Gazette. This application was directed to be considered in accordance with the rules as per Ext. P2 judgment. Thereupon, the Assistant Excise Commissioner, Thrissur issued Exts. P4 order rejecting the application. The only reason stated in Ext. P4 is that the Circle Inspector of Excise, Kodungallur has reported that the Toddy Depot Licence application put in by Sri. T.S. Gopinathan has not fulfilled the Toddy Depot Licence Rule No.1 and Toddy Depot Licence Condition No. 2. Accordingly the application had been rejected. Ext. P4 was challenged by the petitioner before this Court. Ext. P6 is the judgement. This Court in Ext. P6 judgment adverted to the decision in Ayyappan v. Assistant Excise Commissioner ( 1998 (2) KLT 849 ) wherein the implication of the word ordinarily appearing in R.1 of Toddy Depots Licence Rules had been explained. In para 8 of Ext. P6 judgment, this Court found as follows:

(2.) Assailing Ext. P7, it is contended by the petitioner that his application ought to have been allowed, as the R.1 of Toddy Depot Licence Rules provides that:

(3.) I am unable to agree with this contention. Even in Ayyappans case, this Court has made it clear that the word ordinarily appearing in R.1 of the said rules cannot mean always. This Court also found that it does not mean invariably. This Court also found in para 6 of the said judgment that: