Kerala High Court
Sudevan vs The Deputy Commissioner Of Excise on 10 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942
WP(C).No.466 OF 2021(G)
PETITIONER:
SUDEVAN
AGED 42 YEARS
S/O ARUCHAMI, PUYLIANGADU HOUSE,
ELAPPULLY P.O., PALAKKAD DISTRICT
BY ADV. SRI.M.G.KARTHIKEYAN
RESPONDENTS:
1 THE DEPUTY COMMISSIONER OF EXCISE
PALAKKAD, PIN-678 001.
2 THE DISTRICT COLLECTOR,
PALAKKAD, PIN-678 001.
3 THE CIRCLE INSPECTOR OF EXCISE,
ALATHUR, PIN-678 541,
PALAKKAD DISTRICT.
4 THE EXCISE COMMISSIONER,
COMMISSIONERATE OF EXCISE, EXCISE HEAD QUARTERS,
NANDAVANAM, THIRUVANANTHAPURAM-695 033.
5 STATE OF KERALA,
REP BY SECRETARY, TAXES (A) DEPARTMENT,
GOVT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
SMT MABLE C KURIAN, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
10.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.466 OF 2021 2
JUDGMENT
The petitioner was admittedly the licensee of toddy shops in Group
No.III of the Kuzhalmannam Excise Range, Palakkad District for the year
2019-2020. Under 5(1)(a) of the Kerala Abkari Shops Disposal Rules, 2002
('the Rules', for short), he was entitled to get preferential right for the
allotment of toddy shops for the year 2020-2021. However, he was in
arrears of dues towards the Toddy Workers Welfare Fund. Under Rule 5(3)
(iii) of the Rules, a licensee who is in arrears is not eligible for privilege.
Due to the above turn of events, the toddy shops were allotted to one
Santhosh.
2. While so, the aforesaid Santhosh got involved in abkari crimes
and the licence granted to him was cancelled. The Department took a
decision to resell the shops.
3. In the meantime, the petitioner had approached this Court
seeking to permit him to remit 50% of the Toddy Workers Welfare Fund
arrears which would entitle him to secure privilege. By Ext.P2 judgment
dated 21.12.2020, a learned Single Judge of this Court directed the Welfare
Fund Inspector to receive 50% of the arrears and to issue a certificate to
enable the petitioner to obtain preference certificate. In tune with the said
directions, the petitioner has remitted 50% of the arrears and Ext.P3
certificate was issued.
4. Armed with the certificate, he approached the 3rd respondent
and submitted Ext.P4 representation seeking to issue preferential certificate
for taking part in the sale of toddy shops in Group No.III of Kuzhalmannam
Excise Range. According to the petitioner, the 3rd respondent refused to
consider Ext.P4 representation and grant preferential right sought by the
petitioner.
5. It is in the afore circumstances that the petitioner is before this
Court seeking for a declaration that the petitioner is entitled to get
preferential right as requested in Ext.P4 and for a further direction to the
3rd respondent to consider and pass orders on Ext.P4 forthwith.
6. This Court by order dated 2.2.2021 had directed the 3rd
respondent to take up Ext.P4 and pass orders as it was informed that the
sale of the toddy shops were scheduled to be held on 12.2.2021.
7. As directed by this Court, Ext.P4 was considered and the same
was rejected by Ext.P6 order. According to the 3rd respondent, the
preferential right once granted was forfeited for non-payment of arrears
and the same cannot be claimed yet again by the petitioner. Yet another
reason for refusing the request of the petitioner is that the petitioner failed
to produce a fresh abkari crime clearance certificate before the 3rd
respondent.
8. Sri.M.G. Karthikeyan,the learned counsel appearing for the
petitioner submitted that the reasons offered by the 3rd respondent for
rejecting his request for privilege to participate in the allotment cannot be
sustained.
9. Smt. Mable C. Kurian, the learned Government Pleader
submitted that the petitioner is not entitled to the privilege as the privilege
initially granted was lost due to the failure on the part of the petitioner to
remit the arrears.
10. I have considered the submissions advanced. Insofar as the
question of entitlement of privilege is concerned, though he was a licensee
for the previous year, he was not granted the privilege of participating in
the allotment process as he was in arrears of welfare fund dues. However,
in terms of the directions issued by this Court, the petitioner has cleared
the abkari dues by remitting 50% of the arrears as on date. Ext.P3 is the
certificate issued by the Kerala Toddy Workers Welfare Fund Inspector
evidencing the same. In that view of the matter, the impediment which
stood in the way of the petitioner being granted privilege for the allotment
no longer exists. The second reason given by the 3rd respondent no longer
survives in view of Ext.P7 certificate. In that view of the matter, I direct the
3rd respondent to reconsider Ext.P4 representation in the light of
observations above and grant privilege to the petitioner to enable him to
participate in the allotment process for the sale of Toddy Shops in Group
No. III of Kuzhalmannam Excise Range to be held on 12.02.2021.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
ps
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 PHOTOCOPY OF THE PREFERENCE CERTIFICATE
DATED 20.3.2020 ISSUED BY THE CIRCLE
INSPECTOR OF EXCISE, ALATHUR.
EXHIBIT P2 PHOTOCOPY OF THE JUDGMENT DATED
21.12.2020 IN WPC NO 23461/2020 PASSED
BY THIS HON'BLE COURT
EXHIBIT P3 PHOTOCOPY OF THE CERTIFICATE DATED
31.12.2020 ISSUED BY THE WELFARE FUND
INSPECTOR, KERALA TODDY WORKERS WELFARE
FUND BOARD, PALAKKAD
EXHIBIT P4 PHOTOCOPY OF THE REQUEST DATED 5.1.2021
SUBMITTED BEFORE THE 3RD RESPONDENT
EXHIBIT P5 PHOTOCOPY OF THE NOTICE DATED 04.02.2021
ISSUE BY THE 1ST RESPONDENT.
EXHIBIT P6 PHOTOCOPY OF THE ORDER DATED 06.02.2021
PASSED BY THE 3RD RESPONDENT.
EXHIBIT P7 PHOTOCOPY OF THE CLEARANCE CERTIFICATE
DATED 09.02.2021 ISSUED BY THE 3RD
RESPONDENT
RESPONDENTS' EXHIBITS:
NIL
