IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 WP(C).No. 18696 of 2009(F) -------------------------- PETITIONER(S): ------------------ E.J.JOSEPH, ITHIPALLIL , PULINKUNNU.P.O., KUTTANAD TALUK, ALAPPUZHA DIST. BY ADV. SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENT(S): ------------------- 1. THE COMMISSIONER OF EXCISE, EXCISE COMMISSIONERATE, TRIVANDRUM. 2. THE DEPUTY COMMISSIONER OF EXCISE, ALAPPUZHA. 3. THE CIRCLE INSPECTOR OF EXCISE, KUTTANAD ALAPPUZHA. ADDL.R4. PRABHAKARAN, AGED 58 YEARS, S/O GOPALAN, RANJINI, VELIYANADU P.O. ALAPPUZHA. (ADDL.R4 IS IMPLEADED AS PER ORDER IN IA NO.9544/2009 DT 24.2.2010) GOVERNMENT PLEADER SRI.V.MANU FOR R1 TO 3 SRI.B.PRAMOD FOR ADDL.R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.18696/09 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE PHOTOCOPY OF THE LICENCE IN RESPECT OF T.S.NO.53/07-08 OF KUTTANAD EXCISE RANGE. EXT.P2: TRUE PHOTOCOPY OF THE LICENSE IN RESPECT OF T.S.NO.53/08-09 OF KUTTANAD EXCISE RANGE. EXT.P3: TRUE PHOTOCOPY OF GO(MS) NO.27/09/TD DT 13.2.2009. EXT.P4: TRUE PHOTOCOPY OF THE GO(MS) NO.52/09/TD DT 19.3.2009. EXT.P5: TRUE PHOTOCOPY OF THE INTERIM ORDER DT 30.4.2009 IN WPC NO.12998 OF 2009. EXT.P6: TRUE PHOTOCOPY OF THE LICENSE IN RESPECT OF T.S.NO.53/08-09. EXT.P7: TRUE PHOTOCOPY OF THE INTERIM ORDER DT 18.6.2009. EXT.P8: TRUE PHOTOCOPY OF THE RECEIPT. EXT.P8(a): TRUE PHOTOCOPY OF THE RECEIPT. EXT.P8(b): TRUE PHOTOCOPY OF THE RECEIPT. EXT.P8(c): TRUE PHOTOCOPY OF THE RECEIPT. EXT.P8(d): TRUE PHOTOCOPY OF THE RECEIPT. EXT.P9: TRUE PHOTOCOPY OF THE COMMUNICATION DT 12.9.2007. EXTS. OF R2 ANNEXURE R2(a): TRUE COPY OF THE LETTER OF THE GOVERNMENT PLEADER DT 9.8.2007 TO THE COMMISSIONER OF EXCISE. ANNEXURE R2(b): TRUE COPY OF THE COMMUNICATION DT 12.9.09 ISSUED BY THE EXCISE COMMISSIONER TO ALL THE ASSISTANT EXCISE COMMISSIONERS. EXTS.OF ADDL.R4 ANNEXURE 1: A TRUE COPY OF REPRESENTATION DT 24.4.2009 TO THE 3RD RESPONDENT. WPC NO.18696/09 -2- ANNEXURE II: A TRUE COPY OF REPRESENTATION DT 13.7.2009 SUBMITTED BY THE PETITIONER TO THE VELIYANADU GRAMA PANCHAYAT. ANNEXURE III: A TRUE COPY OF JUDGMENT T 24.9.2009 OF THIS HON'BLE COURT. ANNEXURE IV: A TRUE COPY OF LETTER DT 10.12.2008 SENT BY THE VELIYANAD GRAMA PANCHAYAT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 18696 OF 2009 (F) ===================== Dated this the 24th day of February, 2010 J U D G M E N T The controversy in this writ petition is regarding the location of T.S.No.53, a toddy shop of Group No.XV of Kuttanad Excise Range, of which the petitioner is a licencee. 2. The initial licence granted to the petitioner is Ext.P1, which was for the year 2007-08. At that time, the building with licenced premises was numbered by the Veliyanad Grama Panchayat within whose jurisdiction the building is situated. It is stated that during the currency of Ext.P1 licence, building was modified, but however the Panchayat refused to assign fresh number to the modified building. Since then there has been various litigations between the landlord and the Panchayat and the petitioner and the Panchayat. The last such writ petition was WP(C) NO.12998/09 filed by the petitioner, in which also interim orders were passed. It is pointed out that during the abkari year 2008-2009 also, provisional number was issued by the Panchayat pursuant to the interim orders passed by this Court and on that basis, the shop was functioning in the building. WPC 18696/09 :2 : 3. Presently also, privilege was granted to the petitioner for the abkari year 2009-10. However, for the reason that the building was not a numbered one , licence was not issued. It was thereupon that this writ petition was filed and pursuant to the interim order passed by this Court on 13/7/09, licence was issued and the petitioner continues to conduct his toddy shop in the very same premises. Thus admittedly, the premises in question does not now have a building number assigned by the Panchayat and the contention raised by the counsel for the petitioner is that the building should be numbered by the Panchayat is not a requirement of the Kerala Abkari Shops Disposal Rules, 2002 and that therefore, refusal to issue licence is illegal. 4. Additional 4th respondent submits that he lives in close proximity to the toddy shop and he takes objection to the continuance of the toddy ship in a building, which is not numbered by the Panchayat. 5. In the statement filed by the official respondents, they place reliance on Exts.R2(a) and R2(b). It is stated that based on Ext.R2(a), Ext.R2(b) circular has been issued by the Excise Commissioner to avoid licencing of toddy shops in unnumbered WPC 18696/09 :3 : buildings. It is stated that since the building in question is unnumbered, they were justified in declining to issue licence. 6. Thus, the only issue that arises for consideration is whether the respondents can be justified in not issuing licence in respect of the building, which is not numbered. In my view, the respondents cannot be faulted for the view they have taken. Any building which is constructed in accordance with law is entitled to be numbered and umbering of the building attaches legal status to the building. In this case, admittedly, the building in question has not been numbered, and in such a situation, I am not persuaded to think that either Ext.R2(b) circular issued by the Commissioner is wrong or that the stand taken by the respondents in not issuing the licence is illegal. However, fact remains that since the commencement of the Abkari year, petitioner has been conducting the shop in question in the premises, and at this fag end of the Abkari year, if he is to be disturbed, that will be of grave prejudice to him. 7. Therefore, even though I do not find fault with the stand taken by the official respondents, still having regard to the long continuance of the petitioner in the premises in question, the WPC 18696/09 :4 : writ petition is disposed of with the following directions: (1) That the petitioner will be allowed to continue Toddy Shop No.53 in the premises in question until 31/3/2010, when the period of licence issued for the abkari year 2009-10 expires. (2) It is directed that for the abkari year 2010-11, licence in respect of the premises will not be granted unless the building is numbered by the Veliyanad Grama Panchayat within whose jurisdiction the building in question is situated. ANTONY DOMINIC, JUDGE Rp