Resultantly the Division Bench quashed the order on the Excise Commissioner though learned Judges granted two weeks time to dispose of the stock of liquor acquired by the appellant for the purpose of selling the same in exercise of the licence granted to him.
In defence of the permission so granted the Excise Commissioner and the second respondent relied on Rule 6 2 of the Auction Rules.
The Division Bench did number seriously take the objection raised by the present appellant that writ petitioner had numberlocus standi to challenge the order of the Excise Commissioner.
However, learned Judges observed that the writ petitioner is a licensee having FL 3 licence and was running a hotel cum restaurant in Karukachal Panchayat and hence the order permitting the appellant to shift the shop to Karukachal Panchayat would affect her rights.
On the same day the application was forwarded by the second respondent Assistant Excise Commissioner of the district with a recommendatory numbere.
The Excise Commissioner granted permission to the appellant on 12.4.2000 for shifting the shop to another range called Karukachal which companyprises of the areas falling within Karukachal Panchayat.
THOMAS, J. LITTTTTTTJ Leave granted.
Hence he applied to the first respondent Commissioner of Excise, Kerala for permission to locate the shop outside the said range.
