Revival of Toddy Shop Licence can be sought only if petitioner can Compound Offences alleged: Kerala HC directs Deputy Excise Commissioner to pass appropriate orders [Read Order]

The Kerala High Court directed the Deputy Excise Commissioner to pass appropriate orders and noted that the revival of the toddy shop license can be sought only if petitioner can compound offenses alleged.

The petitioner, Sukumara conceded that his licence, to run the Toddy Shop granted earlier, has been suspended on the ground that he is involved in criminal cases.  He said that the offences alleged against him are not serious and therefore, that he has now preferred an application to allow him to compound the same, as per the provisions of law; and that this has been recommended by the 4^th respondent, Excise Inspector. 

The petitioner thus prayed that 2^nd respondent, Deputy Commissioner of Excise be directed to consider his afore request in terms of law, so that, consequent to him being able to compound the offences against him, necessary steps for revival of his license can be then completed.

In response to the submissions of Arun Kumar A, counsel for the petitioner, Sunil Kumar Kuriakose Government Pleader, submitted that, if the petitioner’s application for compounding the offences is still pending, same can be considered by the 2^nd respondent as per law, after hearing him also.  The counsel submitted that, during this process, 2^nd respondent will take into account the recommendations.

A Single Bench of Justice Devan Ramachandran observed that “It is indubitable that, it is only if the petitioner is able to compound the offences alleged against him, can he seek any further relief, including for revival of his license. Obviously, therefore, it is for the 2^nd respondent to consider this aspect, adverting to recommendations.”

“In the afore circumstances, I allow this writ petition and direct the 2^nd respondent to hear the petitioner, adverting to recommendations, as also his application for compounding the offences against him; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than two weeks from the date of receipt of a copy of this judgment” the Court concluded.

To Read the full text of the Order CLICK HERE

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