Kerala High Court
The Excise Commissioner vs P.N.Vijayan on 27 July, 2015
Author: Anil K. Narendran
Bench: P.R.Ramachandra Menon, Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
&
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY, THE 19TH DAY OF MAY 2016/29TH VAISAKHA, 1938
WA.No. 829 of 2016 () IN WP(C).10651/2015
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AGAINST THE JUDGMENT IN WP(C) NO. 10651/2015 of HIGH COURT OF KERALA
DATED 27-07-2015
APPELLANTS/RESPONDENTS 1 TO 3 IN WP(C):
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1. THE EXCISE COMMISSIONER,
COMMISSIONERATE OF EXCISE,
THIRUVANANTHAPURAM-695001.
2. THE DEPUTY COMMISSIONER OF EXCISE,
ERNAKULAM-682018.
3. THE EXCISE INSPECTOR ,
EXCISE RANGE OFFICE,VARAPPUZHA,ERNAKULAM DISTRICT-683517.
BY SENIOR GOVERNMENT PLEADER SRI. K.C. VINCENT
RESPONDENT/PETITIONER IN W.P.(C):
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P.N.VIJAYAN,AGED 60 YEARS,
S/O.NARAYANAN,PLAMTHOTTATHUKUNNEL HOUSE,
ANGAMALY DESOM,ALUVA TALUK,ERNAKULAM DISTRICT-683101.
BY SRI.M.G.KARTHIKEYAN
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19-05-2016, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.R. RAMACHANDRA MENON
&
ANIL K. NARENDRAN, JJ.
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W.A. No. 829 of 2016
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Dated, this the 19th day of May, 2016
JUDGMENT
Ramachandra Menon, J.
This appeal arises from the verdict passed by the learned single judge in the concerned writ petition [W.P.(C) No. 10651 of 2015], whereby relief was granted based on the ratio laid down as per the decision rendered by this Court in Sabu and another Vs. Excise Commissioner [2015 (2) KHC 66]
2. The sum and substance of the factual sequence, as discernible from the proceedings, is that the writ petitioner was a licensee to all the toddy shops in Group No.1 of Varappuzha Excise Range for the year 2014 - '15. But he came to be an accused in Crime No. 12 of 2012 of Varappuzha Excise Range in connection with offences under Section 10 r/w sections 63, 56 (b) and 55D of the Abkari Act. Hence the application for renewal of licence for the subsequent year was not favourable considered, which made the writ petitioner to approach this Court contending that the only offence W.A. No. 829 of 2016 : 2 : which would be against him could be under Section 56(b) of the Abkari Act, as disclosed from the facts and figures and if this be the position, there cannot be any bar in renewal of the licence; in view of the law declared by this Court in Sabu and another Vs. Excise Commissioner [cited supra]. This contention was accepted and relief was granted by the learned single Judge, which according to the appellants is not correct and is liable to be intercepted.
3. Heard the learned senior Government Pleader appearing for the appellant and Mr. M. G. Karthikeyan, the learned counsel appearing for the respondent.
4. The learned senior Government Pleader submits that there is a misconception, in so far as the decision rendered in Sabu and another Vs. Excise Commissioner [cited supra] is not applicable to the case in hand, by virtue of the glaring difference in the factual situation. This however is sought to be rebutted by the learned counsel appearing for respondent. We do not find it necessary to deal with the said issue, as the tenure of renewal of the licence sought for the year 2015 - '16 is already over.
5. During the course of hearing, it is brought to the notice of this Court that the respondent herein has moved this Court by filing W.A. No. 829 of 2016 : 3 : Crl. M.C. No. 1950 of 2015 to quash the final report, except in respect of offence under Section 56(b) and that an interim order has been obtained in the said Crl. M.C.; pursuant to which, the licence for the year '2016 - '17' has been renewed on a provisional basis, upto 30.06.2016, as the first instance.
6. In the above circumstances, this Court finds that the issue projected in the present appeal does not deserve any further consideration. The appeal stands closed, without prejudice to the rights and liberties of the parties concerned in the pending proceedings, which could be pursued, in accordance with law.
sd/-
P. R. RAMACHANDRA MENON, JUDGE sd/-
ANIL K. NARENDRAN, JUDGE kmd /True copy/ P.A. to Judge