LAWS(KER)-2022-3-175

MADHUSOODANAN Vs. EXCISE COMMISSIONER

Decided On March 18, 2022
MADHUSOODANAN Appellant
V/S
EXCISE COMMISSIONER Respondents

JUDGEMENT

(1.) The above writ petition is filed with the following prayers:

(2.) The 1st petitioner along with late father of the 2nd petitioner got the allotment of the toddy shops in Group No.VI in Pattambi excise range in Palakkad division for the year 2020-23. They jointly paid rental for one year, 2020-21, security for one month wages of the employees and advance contribution for three months towards the Kerala Toddy Workers Welfare Fund. The licence is extended for the year 2021-22 on payment of the entire rental. According to the petitioners, they are entitled to get the extension for the year 2022-23 on payment of the entire rental. Sri.Manikandan, joint licensee along with the 1st petitioner, died on 15/9/2021. But after obtaining the documents, especially Ext.P3- relationship certificate, the 2nd petitioner could submit the application only on 30/12/2021, is the case of the petitioners. The said application is filed for including his name in the place of his late father Manikandan K. It is the case of the petitioner that the 1st petitioner has no objection also. But as per Ext.P4, the 1st respondent rejected the application only on the ground that the application ought to have been submitted within one month from the date of death of the joint licencee for including the name of the legal heirs. Petitioners submitted Ext.P5 representation before the 1st respondent for reconsideration and the same is not considered even now. Hence this writ petition is filed.

(3.) Heard the learned Senior counsel Sri.C.C.Thomas as instructed by Sri.M.G.Karthikeyan for the petitioners and the learned Senior Government Pleader.