IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 WP(C).No. 36085 of 2008(U) -------------------------- PETITIONER(S): --------------- M/S.HOTEL APSARA, CHALAKKUDY, REPRESENTED BY ITS MANAGING PARTNER, P.A.SASINDRAN, AGED 66 YEARS, S/O.LATE P.E.APPU. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENT(S): --------------- 1. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 2. THE ASST. EXCISE COMMISSIONER, THRISSUR. 3. THE CIRCLE INSPECTOR OF EXCISE, IRINJALAKKUDA, THRISSUR DISTRICT. 4. THE EXCISE INSPECTOR, CHALAKKUDY, THRISSUR DISTRICT. GOVT. PLEADER SRI. K.V. MANOJ KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 36085 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 18th December, 2008. J U D G M E N T The petitioner is a firm which was holding a FL 3 licence. The licence was issued in the joint names of two managing partners, one of whom died on 9-10-2006. But the petitioner firm was permitted to conduct the licence up to 31-3-2007. However, the licence was not renewed from 1-4-2007. At that time the petitioner had considerable stock of liquor. They could not sell it within 30 days from the date of expiry of the period of licence or within a further period of 30 days as prescribed in the Rules. Thereafter, the 3rd respondent conducted auction of the stock of liquor twice. On both occasions, there were no bidders. In the above circumstances the petitioner submitted Ext. P3 petition seeking the following reliefs: “1. To permit us to sell the stock of the liquor in our hotel, hotel Apsara, TSR No. 63 conducted upto 31.3.2007 to a similar licensee, namely, Stanly Antony, S/o. Late A.P. Antony, TSR No. 51/2008-09, Hotel Rachana, Varantharappally, Thrissur District at the earliest; or 2. To sell the liquor to Sri. Stanley Antony, S/o. Late A.P. Antony, TSR.No.51/2008-09, Hotel Rachana, Varantharappally, Thrissur District, 20% below the price fixed by the godown at the K.S.B.C at Thrissur and allow us to receive the sale proceeds after deducting the expenses, if any, for the same.” Since no orders have been passed on Ext. P3, the petitioner has filed this writ petition seeking the very same relief as in Ext. P3 with an added prayer for a direction to dispose of Ext. P3. 2. This is stoutly opposed by the learned Government Pleader. He points out that under Rule 33 of the Foreign Liquor Rules, the petitioner cannot sell the balance stock of liquor. The officer-in- charge of the division is the only person authorised to sell the liquor in public auction. The petitioner submits that he has no objection in W.P.C. No. 36085/2008. -: 2 :- the officer-in-charge of the division selling the liquor. But, unless the price fixed is the godown price of the Kerala State Beverages Corporation, no licensee would purchase the same in so far as they would not get any profit out of it even otherwise they could get the same liquor from the godown of the Beverages Corporation at the godown price of the Corporation. Learned Government Pleader would submit that under the Government Order applicable the price of the liquor cannot be reduced except with prior permission from the Government. 3. Notwithstanding the objection raised by the learned Government Pleader, I am of opinion that in view of the inability of the officer-in-charge of the division himself to sell the liquor in public auction for the price fixed by him, it is obvious that there would not be any bidders even if it is again put in auction for that price. That being so, an amicable solution has to be found out. I find considerable force in the contention raised by the petitioner that unless the price is reduced to at least that of the godown price of the Kerala State Beverages Corporation, there is no likelyhood of any bidders taking part in the auction. In the above circumstances, I dispose of this writ petition with the following directions: The Officer-in-charge of the division shall fix a public auction for the liquor in question on 12-1-2009. On that date, the petitioner, if he so wishes, may bring any licensee who is eligible and willing to take part in the public auction and the officer-in-charge of the division shall conduct the auction and if there are bidders, sell the liquor to the highest bidder for a price not lower than the godown price of the Kerala State Beverages Corporation. S. Siri Jagan, Judge. Tds/