SHANMUGA WINES Vs. V GANDHIMATHI

JUDGEMENT

(1.) WRIT Appeal No.1280 of 2006 is directed against the order dated 06.09.2006 passed by the learned single Judge in WRIT Petition No.30979 of 2006, whereas WRIT Appeal Nos.1400, 1401, 1423 & 1424 of 2006 are directed against the order dated 19.08.2006 passed by the learned single Judge in WRIT Petition Nos.14883 and 22114 of 2006.

(2.) SINCE common questions of law and fact are involved in these writ appeals, they are being disposed of by this common order.

(3.) THE only issue that needs to be addressed is as to who is the holder of licence bearing No.4/FL-I. Both the parties have conceded that this issue will have to be decided by the competent authority. By consent of the parties, the Deputy Commissioner of Excise, Karaikal, Pondicherry is directed to find out as to who is the holder of licence bearing No.4/FL-I i.e., whether the 1st respondent is the exclusive licensee under the said licence or the partnership firm is the licensee. THE Commissioner shall also decide as to whether permission can be granted to shift the business from the existing premises or not. It is needless to say that the Commissioner shall decide these questions untrammeled by the observations made by the learned single Judge in the orders dated 19.08.2006 and 04.09.2006 passed in W.P.Nos.14883, 22114 of 2006 and 30979 of 2006 respectively. It is expressly made clear that all questions on merits are left open to the parties. THE parties are directed to appear before the Commissioner on 12.12.2006. On such appearance, the Commissioner shall afford an opportunity of hearing both the parties allow them to adduce evidence in support of their respective cases and then pass appropriate orders within a period of six weeks thereafter. All the writ appeals are disposed of accordingly. Consequently, connected miscellaneous petitions are closed.