A K SUKUMARAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) BOOKING of abkari offences under Abkari Act, 1077 except offence under Section 56 would make a licensee ineligible for extension of privilege of vending toddy is the question that has come up for consideration in these cases.

(2.) WRIT petitioners were conducting toddy shops for the year 2003-04 on the basis of the licences issued by the Excise Department in various Ranges. They have applied for the renewal of their licences for the year 2004-05. Requests for renewal of licences were turned down by the Excise department on the ground that cases were booked against them for various offences under the provisions of the Abkari Act and Rules framed there under. Petitioner in W. P. (C ). No. 11485 of 2004 was the licensee in respect of toddy shop No. 33/03-04 of Kanjirappally Excise Range. Inspector of Excise registered Crime No. 6 of 2004 arraying the employee, the petitioner and one devasia as accused for the offence under section 55 (i) of the Abkari Act. WRIT petitioner in W. P. (C ). No. 11275 of 2004 , was the licensee of toddy shop No. 34 of Kuravilangad Range. A case was registered him as crime No. 5 of 2000 under section 8 (1) read with section 55 A of the Abkari Act. WRIT petitioner in w. P. (C ). No. 13159 of 2004 was the licensee of toddy shop No. 16/03-04 of Chathannur Range. Crime No. 4 77/03 was registered against him by Chathannur Police under section 55 (a) of the Abkari act.

(3.) LEARNED Government Pleader on the other hand, submitted that the rule making authority has got power to issue notification dated 24th March, 200 4 imposing fresh conditions for the renewal of licence. Counsel submitted, the notification was issued in exercise of the powers conferred under section 18a read with sub rule (1) of Rule 3 and hence has got statutory force. LEARNED government Pleader submitted that Chapter IV of the Rules deals with general conditions applicable to sale of toddy shop. At the same time, the first proviso to Rule 3 (1) deals with renewal of licence for which Government have got power to impose such conditions which they deem fit taking into consideration the manner in which the licensee conducted the shop in the previous years.