- (1.) LEAVE granted. The appellant was a licence-holder in respect of toddy Shop No. 21/02-03 Nellimala of Thiruvalla Excise Range. After the licence was granted to the appellant for the Financial Year 2002-2003 a case was registered against the appellant on 11/11/2002.
(2.) S . 23 of the Kerala Abkari Act (hereinafter referred to as "the Act"), inter alia, provides that the Commissioner may cancel or suspend any licence or permit granted under the Act if the holder of the licence is convicted of any offence under the Act or of any cognizable and non-bailable offence or of any offence under the Dangerous Drugs Act, 1980 or under the Trade and Merchandise Marks Act, 1988, or under Ss. 478 to 489 of the Indian Penal Code, 1860. The Kerala Abkari Shops Disposal Rules, 2002 (hereinafter called "the Rules") which was published on 17/5/2001 specifically provides under Rule 5(3) that no individual is eligible for the privilege of any shop if, inter iilia, he is charged with an offence relating to illicit liquor or prosecution proceedings are pending against such individual before the court of law.
(3.) APPREHENDING that because of these two provisions the appellant's licence would not be renewed, the appellant approached the High Court for consideration of his application for renewal. The application for renewal was duly considered and the licence was renewed for the period 2003-2004. Ultimately, the writ petition was dismissed as infructuous but it directed that if the appellant applied for the renewal of the licence for the Financial Year 2004-2005 the authority competent to grant licence would consider the objections raised by the Circle Inspector of Excise to the grant of licence to the appellant.;