V GANDHIMATHI Vs. EXCISE COMMISSIONER

JUDGEMENT

(1.) The writ petitioner is the licence holder for retail and wholesale vending of liquor in the Union Territory of Pondicherry. The premises for which the vending licence has been given is No. 3, Main Road, Kottucherry, Karaikal. A grant of licence (FL-I licence) is governed by the provisions of Pondicherry Excise Act, 1970 (Act in short) and the Pondicherry Excise Rules made thereunder (Rules in short).

(2.) Rule 115-A provides for renewal of licence and as per Rule 203, transfer of licence is not permitted except with the previous permission of the Licensing Authority and on payment of double the licence fee that was prevailing at the relevant time.

(3.) According to the petitioner, one K.Krishnan, without the knowledge of the petitioner claiming to be one of the partners of the shop for which licence is granted, transferred the licence in the petitioner's name to "petitioner and other partners". For the excise year 2004-2005, the 2nd respondent, Licensing Authority issued it in the name of the petitioner and other partners without specifying the names of the partners. The petitioner objected to this by her representation dated 22.10.2005 and legal notice dated 27.10.2005. According to the petitioner, the petitioner was not heard and no opportunity was given before such change in the name of the licensee. The petitioner was further given to understand that clandestinely the 2nd respondent is permitting the shifting of the shop from the place for which the licence was given to another place without the concurrence of the petitioner and without payment of 1/4th licence fee as per Rule 209. The petitioner did not have the required information to file an appeal and therefore, the petitioner approached this Court for a writ of mandamus to the respondents forbearing them from shifting the existing liquor shop No. 4/2004-2005 standing in the name of the petitioner without her permission and forbearing the running of the liquor shop in any name other than the individual licence holder, namely the petitioner when the transfer of licence being effected in a manner known to law. This writ petition is W.P. No. 14883/2006. The information that was sought for by the petitioner has since been granted.