Kerala High Court
V.Mammu vs The Excise Commissioner on 12 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 8701 OF 2021
PETITIONER:
V.MAMMU
AGED 68 YEARS
S/O. AHAMMED KUTTY, EXCEL COTTAGE, PETTA, FEROKE P.O,
KOZHIKODE DISTRICT-673006
BY ADV R.K.MURALEEDHARAN
RESPONDENT/S:
1 THE EXCISE COMMISSIONER
NANADAVANAM, THIRUVANANTHAPURAM-695 033.
2 THE JOINT COMMISSIONER OF EXCISE,
O.P. RAMAN ROAD, THADAMBATTUTHAZHAM, KOZHIKODE 673 020.
3 THE DEPUTY COMMISSIONER OF EXCISE,
CIVIL STATION, KOZHIKODE-673020
4 K.T. JOSEPH,
THERSA GARDEN, CHETTIKULAM, ELATHUR P.O, KOZHIKODE
DISTRICT-673 303
5 M/S. HOTEL CALICUT GATE,
REP. BY ITS MANAGING PARTNER, THERSA GARDEN,
CHETTIKULAM, ELATHUR P.O, KOZHIKODE DISTRICT-673 303
OTHER PRESENT:
SR.GP V.K SUNIL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.8701/2021 2
JUDGMENT
Petitioner and his two brothers are the absolute owners of multistored
commercial building in RS No.293/6, 293/7 and 293/7A of Velipram Amsom
of Kozhikode Taluk. 4th respondent entered into a registered lease
agreement with the petitioner and his brother undertaking to take the building
on lease for a period of five years with effect from 1/8/2017 for conducting a
bar attached hotel. He obtained FL3 licence and on the strength of licence,
conducted bar in the hotel. While so, on 8/10/2020, the 4 th respondent issued
a notice informing the petitioner that he was terminating lease agreement with
effect from 31/3/2021 and informed that failure rent may be adjusted against
the rent advance paid. On receipt of Ext.P2, the petitioner issued a reply
notice on behalf of the co-owner informing that suggestion was not agreeable
and that he was received the rent advance as alleged, but, offered to permit
them to run the business for the remaining period. Ext.P3 is the reply which
was received by the 4th respondent. Pursuant to the above, the petitioner
allegedly entered into arrangements with 3rd parties for, letting out the building
to them after the expiry of previous lease.
2. In the meanwhile, the petitioner came to know that the 4 th respondent
was attempting to renew FL-3 licence in the building owned by the petitioner
from 1-4-2021. This would have resulted in huge loss to the petitioner and his
brothers, since they had offered to let out the building to another person.
Accordingly, Ext.P5 notice was issued to the first respondent, informing him
about the entire facts and informing that no extension shall be granted
without informing the petitioner. It seems that subsequently, bar licence was
renewed which according to the petitioner was in violation of the terms of the
lease as well as the nature of the transaction. Petitioner has approached this
court contending that he should have been given a reasonable opportunity of
being heard and Ext.P3 order is contrary to law.
3. Since essential grievance of the petitioner is that ignoring Ext.P5
renewal of bar licence was granted, I feel that interest of justice would be
served, if the third respondent is directed to consider Ext.P5 objection in the
light of the entire arrangements and dispose of Ext.P5 application, after giving
the petitioner an opportunity of being heard, as expeditiously as possible , at
any rate, within ten working days from the date of receipt of a copy of this
judgment.
The writ petition is disposed of as above.
Sd/-
SUNIL THOMAS
Judge
dpk
APPENDIX OF WP(C) 8701/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE REGISTERED LEASE
AGREEMENT WITH THE 1ST PETITIONER, HIS
BROTHERS AND 4TH RESPONDENT DATED
16.08.2017.
Exhibit P2 A TRUE COPY OF THE NOTICE ISSUED BY THE
4TH RESPONDENT TO THE PETITIONER DATED
08.10.2020.
Exhibit P3 A TRUE COPY OF THE REPLY SENT BY
REGISTERED POST ACKNOWLEDGMENT DUE TO THE
4TH RESPONDENT DATED 23.11.2020.
Exhibit P4 A TRUE COPY OF THE ACKNOWLEDGMENT CARD.
Exhibit P5 A TRUE COPY OF THE NOTICE ISSUED TO THE
1ST RESPONDENT BY REGISTERED POST
ACKNOWLEDGEMENT WITH COPY TO THE
RESPONDENTS 2 AND 3 DATED 08.03.2021.
Exhibit P6 TRUE COPY OF THE POSTAL RECEIPT AND THE
ACKNOWLEDGMENT CARD RECEIVED FROM 2ND
RESPONDENT.
EXT.P7 : COPY OF THE FL-3 LICENCE RENEWAL
CERTIFICATE DATED 31/3/2021.
