STATE OF KERALA Vs. K SWAMIDAS

JUDGEMENT

(1.) The point that arises for decision in this appeal is whether an application for licence for compounding, blending and bottling of foreign liquor should be disposed of, having regard to the law prevailing on the date of application or the law prevailing at the time of consideration of the application. The brief facts of the case are the following:

(2.) Mr. K. Swamidas, Managing Director of M/s. Krishna Distillery, Aryakuzhy P.O., Kollam, submitted an application for grant of licence for an industrial unit for compounding, blending and bottling of Indian made foreign liquor, on 23/11/1998. The said application was produced as Ext. P11 in the Original Petition. He was called upon to fill up a proforma and the same was submitted by him as per Ext. P13. When he found that while his application was not considered, the applications of others were being allowed, he approached this Court by filing OP No. 17895/99. The said OP was disposed of by Ext. P14 Judgment dated 9th August 1999, directing the second respondent therein, the Joint Commissioner of Excise, Office of the Commissionerate of Excise, Thiruvananthapuram, to consider his application for licence. Soon thereafter, the Government took a policy decision on 29/09/1999 to the effect that thereafter, no application for setting up of new distillery / compounding, blending and bottling unit will be sanctioned except to Mannam Sugar Mills, which is run by a Cooperative Society. In view of the said policy decision of the Government, the Commissioner of Excise, by Ext. P16 order dated 30/12/1999, rejected the application filed by Mr. Swamidas. The reason given for the rejection was the aforementioned policy decision of the Government dated 29/09/1999. Feeling aggrieved by the above decision, the appellant approached this Court by filing OP No. 5112/00. The learned Single Judge, who heard the said OP, allowed the same, by a short judgment, which reads as follows:

(3.) The respondents in the OP, feeling aggrieved by the judgment quoted above, have preferred this appeal. Since Mr. Swamidas is no more, his legal representatives have been impleaded as respondents in the Writ Appeal. While admitting the Appeal, this Court granted stay of the judgment under appeal, taking the view that the decision of the learned Single Judge requires reconsideration, in view of the judgment of the Apex Court in Kuldeep Singh v. Govt. of NCT of Delhi, 2006 KHC 876 : 2006 (5) SCC 702 : AIR 2006 SC 2652 : JT 2006 (6) SC 199 : 2006 (3) KLT SN 92.