IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 WP(C).No. 9958 of 2011(T) -------------------------------------- PETITIONER(S): ------------------------ K.RAJKUMAR, PROPRIETOR AND LICENCEE, CHHANDAS AYURVEDICS,KARAVATHIL HOUSE, PERINJANAM,CHAKARAPADAM P.O,THRISSUR DISTRICT. BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL) SRI.VIPIN NARAYAN RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT,DEPARTMENT OF TAX, SECRETARIAT, THIRUVANANTHAPURAM,PIN 695 001. 2. ASU DRUG CONTROLLER(ISM) & LICENSING AUTHORITY,OFFICE OF THE DRUGS CONTROLLER, THIRUVANANTHAPURAM,PIN 695 001. 3. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM,PIN 695 001. 4. THE ASSISTANT EXCISE COMMISSIOINER, THRISSUR ,PIN 680 001. 5. THE CIRCLE INSPECTOR OF POLICE, KODUNGALLOOR.PIN- 680 664 R1 TO R5 BY GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.9958 OF 2011 -------------------------------------------- Dated this the 4th day of April, 2011 JUDGMENT The petitioner who is engaged in the business of manufacturing and sale of ayurvedic drugs filed this Writ Petition mainly with the prayer to set aside Ext.P7 order dated 2.3.2011issued by the 5th respondent and for issuance of a writ of mandamus commanding the Assistant Excise Commissioner, presently designated as the Deputy Excise Commissioner, to renew SP VI and SP VII licences. The further prayer is for issuance of a writ of mandamus commanding the Excise Commissioner, third respondent to consider renewal of application for L2 licence. The petitioner was earlier issued with a Drug Licence bearing No.69/25D/1991 under the Drugs and Cosmetic Rules, 1945, the L2 licence bearing No.1/98-99 under the Medicinal and Toilet Preparations (Excise Duties) Rules, 1956. SP VI licence bearing No.12/98-99 and SP VII licence with No.15/98-99 under the provisions of the Abkari Act and the Rules thereunder, were also issued to him. In fact, it was for the renewal of the said licences that the petitioner has approached the competent authorities namely, respondents 3 and 4. The contention of the petitioner is that the W.P.(C) NO.9958/2011 2 question of renewal of the aforesaid licences was considered by an incompetent authority viz., the 5th respondent and rejected the applications for renewal of licences. 2. The learned Government Pleader, upon instructions, submitted that the contentions raised by the petitioner that the aforesaid applications for renewal of licences were considered and rejected by an incompetent authority namely, the 5th respondent is correct as the 5th respondent is not legally competent to consider the said renewal of applications for licences. In view of the said admitted position, Ext.P7 is liable to be set aside. Accordingly, Ext.P7 is set aside. Consequently, there will be a direction to the third respondent to consider the question of renewal of L2 licence issued to the petitioner with No.1/98-99 under the Medicinal and Toilet Preparations (Excise Duties) Rules, 1956. The Deputy Excise Commissioner viz., the fourth respondent shall consider the applications submitted by the petitioner for renewal of SPVI and SP VII licences issued to the petitioner bearing Nos.12/98-99 and 15/98-99 respectively, under the provisions of the Abkari Act and the Rules thereunder. The above directions shall be complied with by the respondents expeditiously, at any W.P.(C) NO.9958/2011 3 rate, within a period of seven days from the date of receipt of a copy of this judgment. This Writ Petition is disposed of, accordingly. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.9958/2011 4 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.9958/2011 5