SAJU THRUTHIKUNNEL Vs. EXCISE COMMISSIONER

JUDGEMENT

(1.) This writ petition is filed with the following prayrs:

(2.) Heard learned counsel for the petitioner, learned Government Pleader and the learned counsel appearing for the contesting 4th respondent.

(3.) It is submitted that the petitioner had, by Exhibit P1 deed, taken 15 cents of land on licence to put up a toddy shop in it. It is stated that the petitioner has put up the building after getting all due permissions. The petitioner contends that the licence fee had been fixed at Rs.10, 000/- and the licence was an irrevocable licence under Section 16 of the Easements Act. It is stated that the 4th respondent, who is a successor-in-interest of the original landlord, had required the petitioner to vacate the premises and the petitioner had obtained an order of injunction against eviction in O.S.No.62 of 2017 filed in the Munsiff's Court, Kolencherry. It is stated that the 4th respondent had approached the authorities under the Abkari Act and Exhibit P9 stop memo was issued. The petitioner had approached this Court filing W.P(C).No.3009 of 2018, which was disposed of along with W.P(C).No.853 of 2018 filed by the 4th respondent with a direction to the 2nd respondent to consider the issue with notice to all concerned. Exhibit P11 order cancelling licence was issued, which was taken in revision. The petitioner was permitted by the Commissioner to conduct the toddy shop upto 31.2018. Thereafter, the petitioner submitted an application for licence to run the toddy shop in question, but the same has been rejected by Exhibit P19 order, which is under challenge.