The Kerala High Court disposed of a writ petition filed by a licence holder seeking renewal with preferential treatment due to prior experience as a convenor. The court directed disposal without granting relief, noting applications must comply with extant Rules.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 3RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945
WP(C) NO. 10526 OF 2023
PETITIONER:
S. MOHANAN,
AGED 57 YEARS
S/O SIVADASAN, NARAGATHILPADINJATTATHIIL,
AITHOTTUVA, WEST KALLADA P.O.,
KOLLAM DISTRICT, PIN – 691500
BY ADVS.
P.CHANDRASEKHAR
C.RAMAN
JENNY THANKAM
ANOOP KRISHNA
ANAND SANKAR
REGIMOL M.K.
RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF EXCISE,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 6950012 THE EXCISE COMMISSIONER, OFFICE OF THE EXCISE COMMISSIONER, BAKERY JUNCTION ROAD, UNIVERSITY OF KERALA ZENET OFF CAMPUS, NANDAVANAM,PALAYAM, THIRUVANANTHAPURAM, PIN - 6950333 THE DEPUTY EXCISE COMMISSIONER, OFFICE OF THE DEPUTY EXCISE COMMISSIONER, RESIDENCY ROAD, CHAMAKKADA, KOLLAM, PIN – 691001WP(C) NO.10526 OF 2023
4THE CIRCLE INSPECTOR OF EXCISE,
KUNNATHOOR, KOLLAM, PIN – 690521
BY ADV
SRI.K.M.FAIZAL- GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.01.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.10526 OF 2023
3
JUDGMENT
Dated this the 3rd day of January, 2024
The petitioner states that he was licensee of Toddy
Shop Nos.32, 34, 35 and 36 in Kollam Range, Group No.7 for the year 2019-2020. The petitioner has filed this writ petition seeking to direct the 3rd respondent to consider Ext.P4 and restore and renew the licence in respect of TS
Nos.35 and 36 in Group 7 of Kollam Excise Range to the petitioner without any delay, within a prescribed period.
was granted licence in his capacity as the Convenor of a Worker’s Committee. There was a subsequent change in the constitution of the Committee and a new Convenor has
been appointed by the Committee. Now, the licence has been granted in favour of the newly elected Convenor. The
WP(C) NO.10526 OF 2023
4
petitioner cannot stake any claim now, representing the said Committee.
taking into consideration his experience gained as a Convenor of the Committee, the petitioner should be made eligible for a preferential treatment for licence in the ensuing abkari years.
Taking into consideration the facts of the case, the writ petition is disposed of without granting any relief as prayed for by the petitioner. It is made clear that if the petitioner makes applications in future and stakes a claim for preference, his application for preferential treatment shall be considered in accordance with the extant Rules.
N.NAGARESH
JUDGE
hmh
WP(C) NO.10526 OF 2023
5
APPENDIX OF WP(C) 10526/2023
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE LICENSE NO.
EDOKLM/139/2019-Q4 IN RESPECT OF TS
NO.35 ISSUED BY DEPUTY EXCISE
COMMISSIONER, KOLLAM DATED 22.01.2019
Exhibit P2TRUE COPY OF GO(RT) NO. 211/2023LBR
DATED 17.02.2023
Exhibit P3A TRUE COPY OF ORDER DATED 31.05.2022
OF THE 3RD RESPONDENT
Exhibit P4A TRUE COPY OF THE APPLICATION DATED
03.03.2023 OF THE PETITIONER TO THE
3RD RESPONDENT ALONG WITH RECEIPT
EXHIBIT P5TRUE COPY OF THE ORDER DATED
30.06.2023 OF THE DISTRICT WELFARE
FUND INSPECTOR, KOLLAM
EXHIBIT P6TRUE COPY OF THE COUNTER SIDED CHALLAN
DATED 24.07.2023 ISSUED BY THE KERALA
TODDY WORKERS WELFARE FUND BOARD TO ME
FOR AN AMOUNT OF RS.7,176
EXHIBIT P7TRUE COPY OF THE COUNTER SIDED CHALLAN
DATED 24.07.2023 ISSUED BY THE KERALA
TODDY WORKERS WELFARE FUND BOARD TO ME
FOR AN AMOUNT OF RS.5,627
EXHIBIT P8TRUE COPY OF THE NEWS PAPER REPORT
DATED 03.09.2023 PUBLISHED IN MANORAMA
DAILY NEWSPAPER
EXHIBIT P9TRUE COPY OF THE APPLICATION ALONG
WITH DOCUMENTS SUBMITTED BY THE
PETITIONER TO THE 3RD RESPONDENT
1 issue framed by the court
Whether a licence holder seeking preferential treatment based on past experience as a Convenor is entitled to automatic renewal of licence despite internal constitutional changes.
1 provisions across 1 enactments
S. Mohanan
The State of Kerala
The Excise Commissioner
The Deputy Excise Commissioner
The Circle Inspector of Excise
N. Nagareesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court