M.S. JAYARAJ versus COMMISSIONER OF EXCISE, KERALA AND ORS.

M.S. JAYARAJ versus COMMISSIONER OF EXCISE, KERALA AND ORS.

Excise Commissioner has no authority under Rule 6(2) of the Kerala Abkari Shops (Disposal in Auction) Rules, 1974 to permit shifting of a foreign liquor shop from one range to another, and such an order is illegal; locus standi does not bar the quashing of such an illegal order under Article 226.

Source-derived case information.

Parties
Appellant: M.S. Jay AraJ; Respondent: Commissioner of Excise, Kerala; Respondent: Assistant Excise Commissioner of the district; Respondent: Third respondent (hotelier at Karukachal)
Jurisdiction
India
Judgment Date
29 September 2000
Procedural Posture
Civil Appeal / Judgment on Appeal From Division Bench of Kerala High Court
Outcome
Appeal dismissed
Legal Topics
Kerala Abkari Shops (disposal in Auction) Rules, 1974, Locus Standi Under Writ Jurisdiction, Authority of Excise Commissioner, Rule Interpretation, Public Interest Litigation
Excise Law Administrative Law Constitutional Law Kerala Abkari Shops (disposal in Auction) Rules, 1974 Locus Standi Under Writ Jurisdiction Authority of Excise Commissioner Rule Interpretation Public Interest Litigation

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Parties

M.S. Jay AraJ

Appellant

Commissioner of Excise, Kerala

Respondent

Assistant Excise Commissioner of the district

Respondent

Third respondent (hotelier at Karukachal)

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Division Bench of Kerala High Court

Legal Issues

  1. 1 Whether Rule 6(2) of Kerala Abkari Shops (Disposal in Auction) Rules, 1974 authorizes Excise Commissioner to permit shifting of a foreign liquor shop from one range to another
  2. 2 Whether locus standi bars the challenge to an illegal order under Article 226 Constitution of India

Ratio Decidendi

Excise Commissioner has no authority under Rule 6(2) of the Kerala Abkari Shops (Disposal in Auction) Rules, 1974 to permit shifting of a foreign liquor shop from one range to another, and such an order is illegal; locus standi does not bar the quashing of such an illegal order under Article 226.

Court Disposition

Appeal dismissed

Orders

  • Order of Excise Commissioner struck down
  • Appellant permitted to apply for refund of bid deposit; Government to decide within one month from application