Kerala High Court
WP(C)/38070/2008 of THOMAS K.C. Vs THE EXCISE COMMISSIONER AND OTHERS on 26 December 2008
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 26TH DECEMBER 2008 / 5TH POUSHA 1930 WP(C).No. 38070 of 2008(F) -------------------------- PETITIONER(S): --------------- THOMAS K.C.S/O.CHEEKU,KARIMATHURUTHY ' HOUSE, PUTHENVELIKKARA P.O. N.PARAVOOR,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
FRIDAY, THE 26TH DECEMBER 2008 / 5TH POUSHA 1930
WP(C).No. 38070 of 2008(F)
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PETITIONER(S):
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THOMAS K.C.S/O.CHEEKU,KARIMATHURUTHY '
HOUSE, PUTHENVELIKKARA P.O. N.PARAVOOR,
ERNAKULAM DISTRICT.
BY ADV. SRI.M.G.KARTHIKEYAN
SRI.NIREESH MATHEW
RESPONDENT(S):
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1. THE EXCISE COMMISSIONER, COMMISSIONERATE
OF EXCISE, THIRUVANANTHAPURAM.
2. THE ASST.EXCISE COMMISSIONER, THRISSUR.
3. THE CIRCLE INSPECTOR OF EXCISE, THRISSUR
4. DIXON D. THOTTATHIL, S/O.DAVIS,
THOTTATHIL HOUSE, ANALUR VILLAGE,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT,(LICENSEE
OF TODDY SHOPS IN GROUP NOS.1 & V OF ANTHIKKAD
EXCISE RANGE THRO THE C.I. OF EXCISE, THRISSUR)
5. B.M.S. CHETHU THOZHILALI UNION,
THRISSUR REPRESENTED BY ITS SECRETARY.
BY GOVT. PLEADER SRI. SANDESH RAJA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26/12/2008, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C).No. 38070 OF 2008
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Dated this the 26[th] day of December, 2008.
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JUDGMENT
In this writ petition petitioner complains that the 4[th]respondent, the licensee of the Toddy Shops in Group Nos.I and V
in Anthicad Excise Range, Thrissur Division, has violated Rule 7 (23)of the Abkari Shops Disposal Rules, 2002 and that therefore thesaid license is liable for cancellation. Urging this contentionpetitioner has submitted Exts.P2 and P3 before the 1[st] respondentand complaint is that orders have not been passed on therepresentations submitted.
2. If as stated above, Exts.P2 and P3 have been receivedby the 1[st] respondent, the 1[st] respondent shall necessarily takeaction thereon with notice to the 4[th] respondent.
3. Therefore writ petition is disposed of directing the 1[st]respondent to take appropriate action on Exts.P2 and P3 withnotice to the 4[th] respondent licensee.
This shall be done as expeditiously as possible, at any rate,within 6 weeks of a production of a copy of this judgment.
(ANTONY DOMINIC)JUDGE