S.V.SURESH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The issue in this writ petition is with regard to the refund of amounts deposited by a prospective licencee before he could obtain the licence and commence the business.

(2.) The petitioner was granted the privilege to vend toddy for the abkari year 2005 -2006 in a shop within the Changanacherry Excise Range. In compliance with the statutory provisions, before the confirmation and actual issuance of licence, the petitioner paid the following amounts:

(3.) Obtaining the consent of the landlord being a pre -requisite, the petitioner who intended to establish his business in a rented premises could not secure the consent of the landlord. As a result, the petitioner on 27.06.2005 submitted Ext.P1 representation before the Assistant Excise Commissioner, the third respondent, requesting the said authority to cancel the privilege granted to him and refund the amounts deposited. The petitioner has also made a similar request to the Toddy Workers' Welfare Fund Inspector, the 4th respondent.