Reinstatement of toddy license post-discharge possible only after Abkari policy announcement; writ premature.

JUDGMENT

The petitioner was the licensee of Toddy Shop Group No. VIII, under the Kuzhalmannam Excise Range within Palakkad District comprising five toddy shops, namely, TS No:11 Chungamandam, TS No:12 Poodoor, TS No:13 Pallan chathannur, TS No:57 Aanikkod and TS No:58 Ambad.

2. On 29.11.2022, an inspection was conducted by the Preventive Officer and team from the Excise Circle office, Alathur, at Toddy Shop No:13/2022-2023, Pallan Chathannur, and a toddy sample was collected for chemical analysis. The chemical analysis report indicated an Ethyl Alcohol content of 12.70% v/v, exceeding the permissible limit of 8.1% v/v prescribed under Rule 9(2) of the Kerala Abkari Disposal Rules, 2022 . Consequently, crime No.88/2023 dated 21.07.2023 was registered under Sections 57 (a) and 56(b) of the Abkari Act . Later, the Excise Commissioner cancelled the license and privilege of all toddy shops in Group No. VIII of Kuzhalmannam Excise Range and the shops were re-sold to the 6th respondent.

3. The Circle Inspector of Excise, Alathur, the investigating Officer submitted charge sheet before the Judicial First Class Magistrate Court-1, Palakkad on 01.12.2024.

4. The petitioner filed a discharge petition before the trial court, seeking discharge from the crime alleged against him. The learned Magistrate, by Ext. P5 order, discharged the petitioner from all charges. Following the discharge, the petitioner submitted Ext. P6 application before the Circle Inspector of Excise, Alathur to reinstate the privilege and license of all toddy shops in Group No. VIII of Kuzhalmannam Excise Range. The Deputy Commissioner, Palakkad, by Ext. P7 order, rejected the application stating that the 2026-2027 Abkari policy has not been notified and that there is no provision to provide a license to an "accused person", as per the Abkari policy.

5. Accordingly, the petitioner has filed the writ petition seeking the following reliefs:-

“i) Issue a writ of certiorari or any other appropriate writ, order, or direction, quashing the Ext P7 order dated 24/02/2026 passed by the 3rd Respondent, the Deputy Excise Commissioner, Palakkad, rejecting the Petitioner's request for reinstatement of the privilege and license of Toddy Shop Group No. VIII, Kuzhalmannam Range.

ii) Issue a writ of mandamus or any other appropriate writ, order, or direction, directing the 2nd Respondent to forthwith reinstate the privilege and license of Toddy Shop Group No. VIII, functioning under Kuzhalmannam Range under Palakkad district, including TS No:13/2022- 2023 Pallam chathannur, to the Petitioner.”

6. The learned counsel for the 6^th respondent submits that the writ petition is not maintainable. The petitioner can claim for reinstatement of the previlege only in terms of the Abkari Policy 2026-2027, which is yet to be announced and therefore, the writ petition is premature.

7. The learned Government Pleader, on instructions, submits that the question of reinstatement of previlege pursuant to the discharge of the petitioner by the Criminal Court arises only on the announcement of the next Abkari Policy and that the case of the petitioner for reinstatement of previlege will be considered in terms of the Abkari Policy 2026-2027 and in accordance with law.

Recording the said submission, the writ petition is disposed of as above.