High Court Kerala High Court

K.B.Hema vs The State Of Kerala on 20 March, 2009

Kerala High Court
K.B.Hema vs The State Of Kerala on 20 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 7642 of 2009(A)


1. K.B.HEMA, W/O.LATE K.G.VASU,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REPRESENTED
                       ...       Respondent

2. THE COMMISSIONER OF EXCISE,

3. DISTRICT COLLECTOR,

4. DEPUTY EXCISE COMMISSIONER,

5. ASSISTANT EXCISE COMMISSIONER,

6. EXCISE CIRCLE INSPECTOR,

                For Petitioner  :SRI.RENJITH B.MARAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :20/03/2009

 O R D E R
                         S. SIRI JAGAN, J.
                 ------------------------------------
                    W.P.(C)No.7642 OF 2009
               ----------------------------------------
                Dated this the 20th day of March, 2009

                            JUDGMENT

The petitioner claims to be the legal heir of one ‘K.G. Vasu’,

who held licence to run toddy shop Nos.2, 3, 5, 22 and 53/08-09

of Kollangode Excise Range. The said ‘Vasu’ died on 22.1.2009.

By Ext.P2 dated 17.2.2009, the petitioner requested the 2nd

respondent for transfer of licence in the name of the petitioner as

the legal heir of ‘K.G. Vasu’. The petitioner’s grievance in this

writ petition is that the same is not being considered by the 2nd

respondent.

2. I have heard the learned Government Pleader also.

The learned Government Pleader submits that the application for

transfer of licence in the name of the petitioner has been received

and is under consideration.

Having heard both sides, I dispose of this writ petition with

a direction to the 2nd respondent to consider and pass orders on

the application for transfer of the licence submitted by the

petitioner as expeditiously as possible, at any rate, within a

W.P.(c)No.7642/09 2

period of one month from the date of receipt of a copy of this

judgment. Notwithstanding the delay in considering the

application, if ultimately the petitioner’s right for transfer of

the licence in her name is accepted, the right of the petitioner

for preference at the time of auction for the next year shall be

considered notwithstanding the fact that on account of the

delay in considering the application for transfer there was an

interregnum in the conduct of the toddy shops.

S. SIRI JAGAN, JUDGE

Acd

W.P.(c)No.7642/09 3