SUJESH Vs. STATE OF KERALA

JUDGEMENT

(1.) In an open bid followed by drawing of lots, the petitioner was allotted Toddy Shop No. 33 of Kanjirappally Excise Range on 15.4.2005. Pursuant to the allotment, he remitted the kist amount for one year, advance contribution for Worker's Welfare Fund etc. But, the grant of licence in his favour was not confirmed, in view of Ext.P1 order passed by the Excise Commissioner on 16.4.2005. The brief facts which led to the passing of Ext.P1 are the following.

(2.) Mr. M.R. Vijayan Nair was the licensee of the above said toddy shop during the financial year 2003-04. The licence in his favour was not renewed for the year 2004-05, for the reason that he was an accused in the abkari case. Later, he committed suicide on 10.2.2005. The 4th respondent, widow of the said Vijayan Nair filed a representation on 23.3.2005, praying to renew and transfer the licence of T.S.No. 33 in her favour. This Court on 12.4.2005 directed the Excise Commissioner to consider the same. In the meantime, auction proceedings as per the Rules were held on 15.4.2005, at which the shop was allotted to the petitioner. Allowing the 4th respondent's application, the Excise Commissioner passed Ext.P1 order on 16.4.2005. So, the Writ Petition is filed, challenging Ext.P1.

(3.) According to the petitioner, there was no licensee during the year 2004-05. Rule 5(18) of the Kerala Abkari Shops Disposal Rules, provides for renewal and transfer of licence in favour of the legal heirs, if only the licensee dies during the currency of the licence. In this case, at the time of the death of the 4th respondent's husband, he was not a licensee. Therefore, it is submitted that Ext.P1 order has been passed without jurisdiction. It is not supported by any provisions of the Abkari Act or Rules framed thereunder. So, the petitioner seeks to quash Ext.P1.