Kerala High Court
WP(C)/41435/2016 of SAJI KUMAR Vs THE SECRETARY TO GOVERNMENT on 30 December 2016
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 30TH DAY OF DECEMBER 2016/9TH POUSHA, 1938 WP(C).No. 41435 of 2016 (D) ---------------------------- PETITIONER: ---------- SAJI KUMAR, AGED 38, S/O. SASIDHARAN, ANJALYIL, CHERUTHANA VILLAGE,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 30TH DAY OF DECEMBER 2016/9TH POUSHA, 1938
WP(C).No. 41435 of 2016 (D)
----------------------------
PETITIONER:----------
SAJI KUMAR, AGED 38, S/O. SASIDHARAN, ANJALYIL, CHERUTHANA VILLAGE, KARTHIKAPPIALLY TALUK, ALAPPUZHA.
BY ADVS.SRI.D.AJITHKUMAR SRI.RASHEED C.NOORANAD SMT.T.MANASY
RESPONDENT(S):
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1. THE SECRETARY TO GOVERNMENT, EXCISE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM 695 001. 3. DEPUTY EXCISE COMMISSIONER, ALAPPUZHA 688 001. 4. THE EXCISE RANGE OFFICER, EXCISE RANGE OFFICE, NOORANAD, KAYAMKULAM 690 502. 5. EXCISE INSPECTOR, EXCISE RANGE OFFICE, NOORANAD, KAYAMKULAM 690 502. 6. PREVENTIVE OFFICER, EXCISE RANGE OFFICE, NOORANAD, KAYAMKULAM 690 502.
BY GOVERNMENT PLEADER SMT VINEETHA HARIRAJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.V.
APPENDIX
PETITIONER(S)' EXHIBITS-----------------------EXHIBIT P1. COPY OF THE MAHAZAR REPORT OF THE PREVENTIVE OFFICER, NOORANADU.EXHIBIT P2. COPY OF THE OCCURRENCE REPORT IN THE CRIME NO. 331 OF 16 REGISTERED BY EXCISE RANGE OFFICE, MAVELIKKARA SUBMITTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, MAVELIKKARA.EXHIBIT P3. COPY OF THE CMP 6472/16 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, MAVELIKKARA.EXHIBIT P4. COPY OF THE ORDER IN CMP 6472/16 DATED 8.12.16 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, 11, MAVELIKKARA.EXHIBIT P5. COPY OF THE ORDER DATED 23.12.16 OF THE 2ND RESPONDENT.RESPONDENT(S)' EXHIBITS NIL----------------------- K.V.
/TRUE COPY/P.A.TO JUDGE
Devan Ramachandran, J.
----------------------------------------------- W.P.(C)No.41435 of 2016 D----------------------------------------------- Dated this the 30[th] day of December, 2016JUDGMENT
Heard.
2. The petitioner has approached this Courtchallenging Exhibit P5, as per which, re-auction of certainshops are ordered under the provisions of the KeralaAbkari Shops Disposal Rules, 2002. He alleges that thelicence of the shop that he was conducting was cancelledon the allegation that certain samples of toddy has beenfound to be adulterated with ethyl alcohol and that thesame is now under Department Management. He submitsthat the B sample obtained from his shop is still pendinganalysis and reports have not been issued after suchanalysis and, therefore, he prays that further proceedingspursuant to Exhibit P5 be deferred, until such time as thereport is obtained, otherwise he would be placed inirreparable prejudice.
WPC 1435/16
3. I think that the prayer of the petitioner isjustifiable and very reasonable. In such view of thematter, I direct that all steps pursuant to Exhibit P5 to re-auction the shops mentioned therein shall be deferreduntil such time as the result of the B sample is receivedby the Judicial Magistrate's Court where the case againstthe petitioner is pending. Needless to say, all furtherproceedings for re-auction or otherwise of the shops shalldepend upon the result of the samples taken for chemicalanalysis.
The writ petition is ordered as above.
Devan Ramachandran, Judge