K P SAXON Vs. COMMISSIONER OF EXCISE

JUDGEMENT

(1.) CHALLENGE in this writ petition is against Ext.P11 proceedings of the Commissioner of Excise, rejecting renewal of Bar licence to the petitioner, on the allegation that he had executed an agreement with the 4th respondent (who expired and respondents 5 to 8 were impleaded as his legal heirs) for sale of the Hotel, without getting prior consent from the Excise Commissioner.

(2.) ON behalf of the additional respondents 5 to 8 an affidavit was filed to the effect that the disputes existed between the parties were settled. It is submitted that the property is proposed to be reconveyed to the petitioner, who was the holder of the FL3 licence. Learned counsel for the petitioner also pointed out a decision of this court in Hotel Mallika Residency vs. State of Kerala(2012 (3) KLT 310) wherein it is held that the transfer of ownership of licenced premises cannot be deemed as a transfer of the licence. It is specifically pointed out that the licence in this case was never transferred nor it was agreemented for transfer.