RAVIKUMAR DISTILLERIES LTD. Vs. THE UNION OF INDIA, REPRESENTED BY UNION TERRITORY OF PONDICHERRY, REPRESENTED BY EXCISE COMMISSIONER AND ORS.

JUDGEMENT

(1.) The petitioner has approached this Court to issue a writ of mandamus directing the respondents to grant the necessary clearance/licence to enable the petitioner to commence the production of Indian Made Foreign Liquor in its -factory premises at Kuppam village, Mannadipet Commune Panchayat.

(2.) The case of the petitioner is briefly stated here -under:

(3.) First respondent has filed a separate counter -affidavit. The defence taken by the first respondent in their counter -affidavit is briefly narrated hereunder: It is contended that the Department of Industries, Pondicherry issued provisional small scale industries certificate to the petitioner licensing based on the clearance received the Government of India relating to licensing policy for manufacture of potable alcohol by letter dated 7.8.1995. It is contended that the possession of small scale industries certificate is not at all sufficient for the grant of Excise licence for the manufacture of IMFL and the same is required to be supported by the clearance of the above mentioned department. It is also clarified that the policy decision has to be taken by the Government of Pondicherry for grant of licence for manufacture of IMFL by Excise Commissioner after obtaining all above specified essential clearance from the concerned departments. It is also stated that even though the petitioner has enclosed copies of Sale Deed and Land Acquisition Clearance and Power Feasibility Certificate from Electricity Department and No Objection certificate from the Divisional Fire Officer, it has failed to furnish trade licence from the Commissioner, "Mannadipet Commune Panchayat, Thirubuvanai, building plan duly approved by Town and Country Planning Department/Inspector of Factories. No objection Certificate from Pollution Control Board/Department of Science, Technology and Environment, Pondicherry and permission for conversion of land use and utilisation of bore well from Department of Agriculture, Pondicherry. It is also contended that as per the communication issued by the Government of India, the power to grant licence for manufacture of alcoholic drinks entirely vests with the State Government. Further more, the issue of provisional small scale industry certificate by the Department of Industries is not and cannot be construed to be an issue of final licence. The Department of Excise issue no licence unless and otherwise any policy decision is taken by the State Government to this effect and communicated to them for issue of such licence after receipt of all necessary clearance from other departments. No pucca licence was granted at any point of time to the petitioner. The grant of licence under Excise Act and Rules is not based on any fundamental right and it is on the contrary depending upon the policy of the Government. It is also contended that especially in regard to issuance of licence in potable liquor trade, the authorities have to scrupulously follow the requirement of mandatory provision stipulated under the Pondicherry Excise Act, 1970 and the Rules made thereunder. In the matter of trade in potable liquor of IMFL, the petitioner cannot claim licence as a matter of fundamental right as protected under Article 14 and Art. 19(1)(g) of the Constitution of India. In the matter of liquor licence of this nature, the Government will have an exclusive say. In the absence of any specific policy decision taken by the Government, it is not possible for the petitioner to claim pucca licence from the Government. With these averments, the first respondent prayed for dismissal of the writ petition.