Kerala High Court
Pyarilal K.V vs State Of Kerala on 29 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943
WP(C).No.7631 OF 2021(D)
PETITIONERS:
PYARILAL K.V, AGED 45 YEARS
S/O.VELAPPAN,KATHIRKOTTIL HOUSE,CHELAKKARA.P.O,
THRISSUR-680586.
(LICENSEE OF TODDY SHOPS IN GROUP NO.II IN ERNAKULAM
EXCISE RANGE).
BY ADV. SRI.M.G.KARTHIKEYAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY,TAXES(A)DEPARTMENT,
GOVT.SECRETARIAT,THIRUVANANTHAPURAM-695001.
2 THE EXCISE COMMISSIONER,
COMMISSIONERATE OF EXCISE,
EXCISE HEAD QUARTERS,NANDAVANAM,
THIRUVANANTHAPURAM-695033.
3 THE DEPUTY COMMISSIONER OF EXCISE,
EXCISE DIVISION OFFICE,KACHERIPADY,
ERNAKULAM-682018.
4 THE CIRCLE INSPECTOR OF EXCISE,
EXCISE CIRCLE OFFICE,NEAR NORTH RAILWAY
STATION,ERNAKULAM-682018.
OTHER PRESENT:
SR.GP K.P HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2021, ALONG WITH WP(C).7601/2021(A), WP(C).7609/2021(A),
WP(C).7661/2021(G), WP(C).7662/2021(G), WP(C).7684/2021(I), THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).7631 of 2021 and connected cases
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943
WP(C).No.7601 OF 2021(A)
PETITIONER:
BIJU T.U, AGED 45 YEARS
S/O. UNNIKRISHNAN, THERKKAYIL VEEDU,
VATTANGATHARA P.O., PACHALIPURAM,
AMBALLUR, THRISSUR-680302,
(LICENSEE OF TODDY SHOPS IN GROUP NO.VII IN
ERNAKULAM EXCISE RANGE).
BY ADV. SRI.M.G.KARTHIKEYAN
RESPONDENTS:
1 STATE OF KERALA
REP. BY SECRETARY, TAXES (A) DEPARTMENT,
GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE EXCISE COMMISSIONER,
COMMISSIONERATE OF EXCISE, EXCISE HEAD QUARTERS,
NANDAVANAM, THIRUVANANTHAPURAM-695033.
3 THE DEPUTY COMMISSIONER OF EXCISE,
EXCISE DIVISION OFFICE, KACHERIPADY,
ERNAKULAM-682018.
4 THE CIRCLE INSPECTOR OF POLICE,
EXCISE CIRCLE OFFICE, NEAR NORTH RAILWAY STATION,
ERNAKULAM-682018.
OTHER PRESENT:
SRI.C.C.THOMAS (SR.),SR.GP K.P HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2021, ALONG WITH WP(C).7609/2021(A), WP(C).7631/2021(D),
WP(C).7661/2021(G), WP(C).7662/2021(G), WP(C).7684/2021(I), THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).7631 of 2021 and connected cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943
WP(C).No.7609 OF 2021(A)
PETITIONERS:
BABU P.K., AGED 61 YEARS
S/O.KUMARAN, PALLATHUPADY HOUSE,
NAYARAMBALAM, ERNAKUAM DISTRICT, PIN - 682 509
(LICENSEE OF TODDY SHOPS IN GROUP NO.IV AND VIII IN
ERNAKULAM EXCISE RANGE).
BY ADV. SRI.M.G.KARTHIKEYAN
RESPONDENT/S:
1 STATE OF KERALA
REP. BY SECRETARY, TAXES(A) DEPARTMENT,
GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE EXCISE COMMISSIONER
COMMISSIONERATE OF EXCISE, EXCISE HEAD QUARTERS,
NANDAVANAM, THIRUVANANTHAPURAM - 695 033.
3 THE DEPUTY COMMISSIONER OF EXCISE
EXCISE DIVISION OFFICE, KACHERIPADY,
ERNAKULAM - 682 018.
4 THE CIRCLE INSPECTOR OF EXCISE
EXCISE CIRCLE OFFICE, NEAR NORTH RAILWAY STATION,
ERNAKULAM - 682 018.
OTHER PRESENT:
SRI.C.C THOMAS (SR.),SR.GP K.P HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2021, ALONG WITH WP(C).7601/2021(A), WP(C).7631/2021(D),
WP(C).7661/2021(G), WP(C).7662/2021(G), WP(C).7684/2021(I), THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).7631 of 2021 and connected cases
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943
WP(C).No.7661 OF 2021(G)
PETITIONER:
KISHOREKUMAR K.P., AGED 54 YEARS
S/O RAMAN, KALATHIL HOUSE, VARITHODI,
TRIKKUR P.O,
THRISSUR DISTRICT, PIN-680306.
(LICENSEE OF TODDY SHOPS IN GROUP NO.I IN ERNAKULAM
EXCISE RANGE)
BY ADV. SRI.M.G.KARTHIKEYAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, TAXES (A) DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE EXCISE COMMISSIONER,
COMMISSIONERATE OF EXCISE,
EXCISE HEAD QUARTERS, NANDAVANAM,
THIRUVANANTHAPURAM-695033.
3 THE DEPUTY COMMISSIONER OF EXCISE,
EXCISE DIVISION OFFICE, KACHERIPADY,
ERNAKULAM-682018.
4 THE CIRCLE INSPECTOR OF EXCISE,
EXCISE CIRCLE OFFICE,
NEAR NORTH RAIWAY STATION, ERNAKULAM-682018.
OTHER PRESENT:
SR.GP K.P HARISH,SRI.C.C THOMAS (SR.)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2021, ALONG WITH WP(C).7601/2021(A), WP(C).7609/2021(A),
WP(C).7631/2021(D), WP(C).7662/2021(G), WP(C).7684/2021(I), THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).7631 of 2021 and connected cases
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943
WP(C).No.7662 OF 2021(G)
PETITIONER:
HARIDAS P.V., AGED 63 YEARS
S/O VELAYUDHAN,
PERUMPILLIYAN HOUSE,
MELUR P.O, THRISSUR-680311.
(LICENSEE OF TODDY SHOPS IN GROUP NO.VI AND IX IN
ERNAKULAM EXCISE RANGE).
BY ADV. SRI.M.G.KARTHIKEYAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, TAXES (A) DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE EXCISE COMMISSIONER
COMMISSIONERATE OF EXCISE, EXCISE HEAD QUARTERS,
NANDAVANAM, THIRUVANANTHAPURAM-695033.
3 THE DEPUTY COMMISSIONER OF EXCISE,
EXCISE DIVISION OFFICE, KACHERIPADY,
ERNAKULAM-682018.
4 THE CIRCLE INSPECTOR OF EXCISE,
EXCISE CIRCLE OFFICE,
NEAR NORTH RAILWAY STATION, ERNAKULAM-682018.
OTHER PRESENT:
SR.GP BIMAL K NATH,SRI.C.C THOMAS (SR.)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2021, ALONG WITH WP(C).7601/2021(A), WP(C).7609/2021(A),
WP(C).7631/2021(D), WP(C).7661/2021(G), WP(C).7684/2021(I), THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).7631 of 2021 and connected cases
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943
WP(C).No.7684 OF 2021(I)
PETITIONER:
YATHEENDRADAS P.R
AGED 53 YEARS
S/O. RAMAKRISHNAN, PONATHIL HOUSE, EDATHIRUTHY P.O,
THRISSUR 670 703
(LICENSEE OF TODDY SHOPS IN GROUP NO. III AND V IN
ERNAKULAM EXCISE RANGE)
BY ADV. SRI.M.G.KARTHIKEYAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, TAXES (A) DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001
2 THE EXCISE COMMISSIONER,
COMMISSIONERATE OF EXCISE, EXCISE HEAD QUARTERS,
NANDAVANAM, THIRUVANANTHAPURAM 695 033
3 THE DEPUTY COMMISSIONER OF EXCISE,
EXCISE DIVISION OFFICE, KACHERIPADY, ERNAKULAM 682
018
4 THE CIRCLE INSPECTOR OF EXCISE,
EXCISE CIRCLE OFFICE, NEAR NORTH RAILWAY STATION,
ERNAKULAM 682 018
OTHER PRESENT:
SR.GP BIMAL K NATH,SRI.C.C THOMAS (SR.)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2021, ALONG WITH WP(C).7601/2021(A), WP(C).7609/2021(A),
WP(C).7631/2021(D), WP(C).7661/2021(G), WP(C).7662/2021(G), THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).7631 of 2021 and connected cases
7
JUDGMENT
Petitioners in all the above cases got allotment of different toddy
shops in different groups of Ernakulam Excise Range as per preferential
right for 3 years from 2020-2023. Petitioners are entitled for extension of
license for the year 2021-2022. Petitioners had complied with all the
statutory formalities. In the meanwhile, it was understood that, cases
were registered against the respective petitioners during the period 2019-
2020 under section 57(aa) of the Abkari Act. All the offences alleged
against the petitioners are compoundable, contends the learned senior
counsel for the petitioners. When the license was sought to be extended,
third respondent seems to have taken a stand that, only offence under
section 56 of the Kerala Abkari Act alone is exempted in Rule 5(1)(a) of
the Abkari Shops Disposal Rules 2002 and consequently, license cannot
be extended. Hence, petitioners have approached this Court.
2. Specific contention of the learned Senior Counsel is that, Rule
5(1)(a) of the Kerala Abkari Shops Disposal Rules is applicable only for a
fresh allotment and not for extension of the license. Learned senior
counsel sought for directing the respondents to extend the license
provisionally and to enable the petitioners herein to compound the
offences within the stipulated time limit and thereafter to enable him to
seek for confirmation of the provisional extension.
3. The contention of the petitioners is that, on earlier occasions,
though such situation arose only after composition of the offences,
W.P(C).7631 of 2021 and connected cases
licenses were renewed/extended. Learned Senior Counsel has a further
contention that, Excise authorities, having acknowledged that the
allegations against the petitioners are not grave, did neither suspend nor
cancel the license.
4. Rule 5 of the 2002 Rules referred above comes under Chapter
IV which deals with general conditions applicable to sale of toddy shops.
Section 5(1)(a) of the Rules itself does not make any such distinction.
Considering it, I cannot subscribe to the contention of learned senior
counsel that section 5(1)(a) of the 2002 Rules is not applicable in the
cases other than fresh allotment.
5. Having considered these facts, I feel that the petitioners are
not entitled to a relief of provisional sanction subject to composition of
offence. I am not inclined to grant any relief at this stage. Writ Petitions
are disposed of accordingly. However, this will not stand in the way of
petitioners approaching the competent authority of Excise Department
and seeking for relief and the competent authority shall pass appropriate
orders, strictly in accordance with law as expeditiously as possible at any
rate within 15 days from the date of receipt of this judgment.
Writ Petitions are disposed of as above.
Sd/-
SUNIL THOMAS
Sbna JUDGE
W.P(C).7631 of 2021 and connected cases
APPENDIX OF WP(C) 7631/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 PHOTOCOPY OF THE REPRESENTATION DATED
20.03.2021 SENT TO THE PETITIONER.
W.P(C).7631 of 2021 and connected cases
APPENDIX OF WP(C) 7601/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 PHOTOCOPY OF THE REPRESENTATION DATED
20.3.2021 SENT TO THE RESPONDENTS.
W.P(C).7631 of 2021 and connected cases
APPENDIX OF WP(C) 7609/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 PHOTOCOPY OF THE REPRESENTATION DATED
20/03/2021 SENT TO THE RESPONDENTS.
W.P(C).7631 of 2021 and connected cases
APPENDIX OF WP(C) 7661/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 PHOTOCOPY OF THE REPRESENTATION DATED
20.03.2021 SENT TO THE RESPONDENTS.
W.P(C).7631 of 2021 and connected cases
APPENDIX OF WP(C) 7662/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 PHOTOCOPY OF THE REPRESENTATION DATED
20.03.2021 SENT TO THE RESPONDENTS.
W.P(C).7631 of 2021 and connected cases
APPENDIX OF WP(C) 7684/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 PHOTOCOPY OF THE REPRESENTATIOND ATED 20-
03-2021 SENT TO THE RESPONDENTS.
