G H M/S CEE CEE & CEE CEE versus K. DEVAMANI & ORS.

G H M/S CEE CEE & CEE CEE versus K. DEVAMANI & ORS.

Rule 209 of the Puducherry Excise Rules, 1970, allows shifting of licensed liquor shops from one place to another within the Union Territory, including across regions, provided statutory and licensing conditions are met. There is no territorial restriction inherent in the term 'place', and no prohibition exists in the Excise Act or Rules against such transfer. The High Court's restrictive interpretation was erroneous.

Parties
Appellant: M/S CEE CEE & CEE CEE’S; Respondent: K. Devamani; Respondent: Deputy Commissioner (Excise), Karaikal; Respondent: Deputy Commissioner (Excise), Puducherry; Respondent: Deputy Commissioner (Excise), Mahe
Jurisdiction
India
Judgment Date
18 December 2019
Procedural Posture
Civil Appeal / Final Disposition
Outcome
appeals allowed
Legal Topics
Liquor Licensing, Interpretation of Statutory Terms, Transfer of Licensed Premises
Excise Law Administrative Law Liquor Licensing Interpretation of Statutory Terms Transfer of Licensed Premises

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Parties

M/S CEE CEE & CEE CEE’S

Appellant

K. Devamani

Respondent

Deputy Commissioner (Excise), Karaikal

Respondent

Deputy Commissioner (Excise), Puducherry

Respondent

Deputy Commissioner (Excise), Mahe

Respondent

Procedural Posture

Civil Appeal / Final Disposition

Legal Issues

  1. 1 Whether the Excise Act and Rules permit transfer of a licensed liquor shop from one region to another in the Union Territory of Puducherry
  2. 2 Does Rule 209 of the Puducherry Excise Rules contain a territorial restriction on shifting shops

Ratio Decidendi

Rule 209 of the Puducherry Excise Rules, 1970, allows shifting of licensed liquor shops from one place to another within the Union Territory, including across regions, provided statutory and licensing conditions are met. There is no territorial restriction inherent in the term 'place', and no prohibition exists in the Excise Act or Rules against such transfer. The High Court's restrictive interpretation was erroneous.

Court Disposition

appeals allowed

Orders

  • Impugned judgment and order dated 14.02.2019 of the Madras High Court set aside
  • Permission to shift the licensed premises from Mahe to Karaikal restored