Disposed

K.B.Shaji v. the Excise Commissioner

Kerala HC22 Jun 2022WP(C)/12296/2022

Case brief

AI extract

What is this about?

This order disposes of a writ petition seeking renewal of a Toddy shop licence. The court granted interim relief extending the licence and set a condition that for future renewals, the 2nd respondent must hear the additional co-owners of the property.

What did the court decide?

Writ petition disposed with direction that for future renewal applications, the 2nd respondent must hear the 5th and 6th respondents.

K.B.Shaji Vs the Excise Commissioner — Pension and Retirement Benefits | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

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WEDNESDAY, THE 22^ND DAY OF JUNE 2022 / 1ST ASHADHA, 1944 WP(C) NO. 12296 OF 2022

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PETITIONERS:

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1 K.B.SHAJI AGED 52 YEARS S/O.PODIYAN, PUTHENPURACKAL HOUSE, MUKKADA P.O., MANIMALA VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT.

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2 E.T.RAJENDRAN AGED 51 YEARS S/O.THANKAPPAN, ELAVUMKALMURI HOUSE, CHERUVALLI KARA, CHERUVALLI VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT.

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3 VILASINI BHASKARAN AGED 75 YEARS W/O.BHASKARAN, VEMBANAD PARIYARATH HOUSE, CHIRAKKADAVU P.O., KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT. BY ADVS. M.G.KARTHIKEYAN NIREESH MATHEW C.C.THOMAS (SR.)

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RESPONDENTS:

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1 THE EXCISE COMMISSIONER COMMISSIONERATE OF EXCISE, EXCISE HEAD QUARTERS, NANDAVANAM, THIRUVANANTHAPURAM - 695 033.

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2 THE DEPUTY COMMISSIONER OF EXCISE EXCISE DIVISION OFFICE, COLLECTORATE P.O., KOTTAYAM - 686 002.

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WP(C) NO. 12296 OF 2022

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3 THE CIRCLE INSPECTOR OF EXCISE EXCISE CIRCLE OFFICE, MINI CIVIL STATION, PONKUNNAM, KOTTAYAM DISTRICT, PIN- 686 506.

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4 RAMACHANDRAN NAIR CHOORAPADIYIL HOUSE, CHERUVALLI KARA, CHERUVALLI VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT, PIN - 686 543. 5 ADDL.R5. VINOD C.P AGED 40 YEARS, S/O. VIJAYAKUMAR, CHOORAPPADIYIL HOUSE, CHERUVALLY.P.O., MANIMALA, KOTTAYAM DISTRICT, PIN-686543. 6 ADDL.R6.RAJAPPAN NAIR RAJAPPAN NAIR, AGED 77 YEARS, S/O. RAGHAVAN NAIR, CHOORAPPADIYIL HOUSE, CHERUVALLY.P.O., MANIMALA, KOTTAYAM DISTRICT, PIN-686543. (ADDITIONAL R5 & R6 IMPLEADED AS PER ORDER DATED 20-05-2022 IN IA NO.1/2022).

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BY ADVS. M.P.MADHAVANKUTTY MATHEW DEVASSI ANANTHAKRISHNAN A. KARTHA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 12296 OF 2022

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JUDGMENT

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Petitioners were allotted Toddy shops in Group No.IV of Erumeli Excise Range in Kottayam division for the year 2020-23 which includes shop No.22. According to the petitioners, Toddy Shop No.22 is housed in the building owned by the 4^th respondent . The 4^th respondent has given Ext.P1 consent to the petitioners to conduct Toddy shop No.22 for the period from 1.4.2020 to 31.3.2023. On the basis of the said consent, Shop No.22 was allotted to the petitioners. However, when the petitioners submitted application for renewal of licence for the year 2022-23, the second respondent insists for production of fresh consent for the year 2022-23. Accordingly, the

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WP(C) NO. 12296 OF 2022

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petitioner has approached this Court for a direction to the 2^nd respondent to renew the licence of Toddy shop No.22 till 31.3.2023 on the basis of Ext.P1 consent which is valid upto 31.3.2023 without insisting for fresh consent.

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At the time of admission of the writ petition, this Court passed an interim order directing the respondents to extend the licence of Toddy Shop No.22 till 31.3.2023 on the basis of Ext.P1 consent of the 4^th respondent without insisting separate consent for the year 2022-23.

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The additional 5^th and 6^th respondents who got themselves impleaded in the writ petition contended that they are co-owners of the property in which Toddy shop No.22 is housed. They have produced R5(a) Will in support of their contention that

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WP(C) NO. 12296 OF 2022

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they are co-owners of the said property. According to respondents 5 and 6, they have not given any consent to the licencees of Toddy Shop No.22 in respect of the

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said building and that the 4^th respondent has given consent without consulting them. Accordingly, they seek to vacate the interim order passed by this Court on 5.4.2020.

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Heard the learned counsel for the petitioners, the learned Government Pleader for Respondents 1 to 3 and Sri. Madavankutty for Additional 5^th and 6^th respondents.

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Referring to the counter affidavit filed by 5^th and 6^th respondents, Adv. Sri. Madhavankutty points out that the 4^th respondent alone cannot give consent in respect of the building in which Toddy shop No.22 is housed. The learned counsel also referred to the

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WP(C) NO. 12296 OF 2022

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proviso to Rule 7(4) of the Kerala Abkari Shop Rules,

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2002 which provides that, for every grant and renewal of licence, permission of the landlord shall be obtained. According to Adv. Madhavankutty, since the consent of Additional 5^th and 6^th respondents has not been obtained the licence of the petitioners in respect of Toddy Shop No.22 cannot be extended. It is also submitted that the respondents 5 and 6 did not get an opportunity to raise their objection at the time of grant as well as renewal of licence.

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The licence of the petitioners in respect of Toddy Shop No.22 has been renewed upto 31.3.2023 pursuant to the interim order passed by this Court on 5.4.2022. Taking note of the fact that the period of

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consent in Ext.P1 is upto 31.3.2023, this writ petition is disposed of with the direction that, if the petitioners

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WP(C) NO. 12296 OF 2022

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make any application for renewal of licence in respect of toddy shop No.22, the 5^th and 6^th respondents shall also be heard by the 2^nd respondent before passing orders on such application for renewal.

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Sd/- MURALI PURUSHOTHAMAN JUDGE

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al/-

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WP(C) NO. 12296 OF 2022

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APPENDIX OF WP(C) 12296/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE PHOTOCOPY OF THE CONSENT LETTER GIVEN BY THE 4TH RESPONDENT.

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Exhibit P2 TRUE PHOTOCOPY OF THE PETITION DATED 24/03/2022 SENT TO THE 2ND RESPONDENT WITH COPIES TO RESPONDENTS 1 AND 3.

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RESPONDENT EXHIBITS

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Exhibit R5(a) A TRUE COPY OF THE WILL DEED DATED 13.07.2004.

K.B.Shaji v. the Excise Commissioner

Case brief

What is this about?

What did the court decide?

K.B.Shaji v. the Excise Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

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