Kerala High Court

WP(C)/42118/2017 of T.K.MUKUNDAN Vs STATE OF KERALA on 29 December 2017

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COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939 WP(C).No. 42118 of 2017 (L) ---------------------------- PETITIONER(S): ------------- 1. T.K.MUKUNDAN, AGED 70 YEARS, S/O.KUTTAPPAN, PATTENADESOM, PEROL

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939

WP(C).No. 42118 of 2017 (L)

----------------------------

RESPONDENT(S):--------------

BY GOVERNMENT PLEADER SMT.A.C.VIDHYA

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 42118 of 2017 (L) --------------------------- APPENDIX

PETITIONERS' EXHIBITS:

EXT. P1 :PHOTOCOPY OF THE CRIME AND OCCURRENCE REPORT IN CR.NO.123/2017 REGISTERED BY THE 4TH RESPONDENT.CR.NO.123/2017 REGISTERED BY THE 4TH RESPONDENT.

EXT. P2 :PHOTOCOPY OF THE CHEMICAL ANALYSIS CERTIFICATE DATED 25.7.2017 ISSUED BY THE ASST. CHEMICAL EXAMINER TO GOVT. OF KERALA, KOZHIKODE.DATED 25.7.2017 ISSUED BY THE ASST. CHEMICAL EXAMINER TO GOVT. OF KERALA, KOZHIKODE.

EXT. P3 :TRUE COPY OF THE COMPLAINT LODGED BY THE PETITIONER BEFORE THE POLICE DATED 1.12.2016.BEFORE THE POLICE DATED 1.12.2016.

EXT. P4 :PHOTOCOPY OF THE ORDER NO.EXC/5182/17X.A.8 DATED 18.11.2017 PASSED BY THE 2ND RESPONDENT.DATED 18.11.2017 PASSED BY THE 2ND RESPONDENT.

EXT. P5 :PHOTOCOPY OF THE JUDGMENT DATED 27.12.2016 IN WPC.NO.41265/2016 PASSED BY THIS HON’BLE COURT.WPC.NO.41265/2016 PASSED BY THIS HON’BLE COURT.

RESPONDENTS' EXHIBITS:

NIL.

//TRUE COPY//

mbr/

P.S. TO JUDGE

DEVAN RAMACHANDRAN, J.

=========================

W.P.(C) No.42118 of 2017 ==========================Dated this the 29[th] day of December, 2017

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JUDGMENT

The petitioners have approached this Court seeking for adeclaration that they are entitled to conduct toddy shops inGroup No.I of the Neeleswaram Excise Range in KasaragodDivision till the result of the second sample marked as 'B', in acase that has been registered against them before the JudicialFirst Class Magistrate Court – I, Hosdurg, is received.

2. I have heard the learned counsel for the petitioners andthe learned Senior Government Pleader appearing on behalf ofthe respondents.

3. I notice that in an earlier occasion, this Court had theopportunity of considering this issue and has passed Ext.P5judgment in W.P.(C) No.41265 of 2016. The direction in thatjudgment is to the effect that persons who are facing prosecutionand who are similarly situated like the petitioners will be allowedto function their shops until such time the result of sample 'B' ofthe toddy is obtained and placed on the files of the Magistrate'sCourt.

W.P.(C) No.42118 of 2017

4. Even though I see no reason to deviate from thedirections contained in Ext.P5 judgment, I cannot pass the sameorders, as has been issued therein, for the reason that thepetitioners concede that the licence for the toddy shop has beenalready cancelled. They, therefore, pray that all steps for sale ofthe shop be deferred until the result of the 'B' sample isobtained.

In such circumstances, I order this writ petition directingthe respondents not to take any further action to auction out thetoddy shop of the petitioners until such time as the result of thechemical analysis of the second sample marked as 'B' in theoccurrence report is obtained from the Regional ChemicalAuthority. Once such report is obtained by the court, obviously,the entitlement of the petitioners to continue the licence woulddepend upon the findings contained therein.

This writ petition is thus ordered.

stu

Sd/- DEVAN RAMACHANDRANJUDGE

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