Kerala High Court

WP(C)/38217/2008 of GODHA VARMA Vs THE EXCISE COMMISSIONER & OTHERS on 30 December 2008

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HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 30TH DECEMBER 2008 / 9TH POUSHA 1930 WP(C).No. 38217 of 2008(Y) -------------------------- PETITIONER: ------------------- GODHA VARMA, AGED 53 YEARS, S/O.LATE JANARDHANAN, KUZHIVILA HOUSE,

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR

TUESDAY, THE 30TH DECEMBER 2008 / 9TH POUSHA 1930

WP(C).No. 38217 of 2008(Y)

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

PETITIONER:

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

GODHA VARMA, AGED 53 YEARS,

S/O.LATE JANARDHANAN, KUZHIVILA HOUSE,

MANGADU P.O., MANGADU VILLAGE, KOLLAM DISTRICT.

BY ADV. SRI.M.G.KARTHIKEYAN

RESPONDENTS:

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

1. THE EXCISE COMMISSIONER,

COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM.

2. THE ASST.EXCISE COMMISSIONER, KOLLAM.

3. THE CIRCLE INSPECTOR OF EXCISE, KOLLAM.

BY GOVT. PLEADER SHRI. LAKSHMI NARAYANAN

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

ON 30/12/2008, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

T.R.RAMACHANDRAN NAIR, J

------------------------------------------------------------ W.P(C) NO: 38217 OF 2008-Y

----------------------------------------------------------- Dated this the 30[th] December,2008.

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JUDGMENT

The petitioner is a licensee of five toddy shops in Group No:IIIin Chathannur excise range. One of the shops is toddy shopNo:18. Ext.P1 is the licence. He is aggrieved by Ext.P2 issued bythe Excise Circle Inspector directing him to stop the same andrelocate to another place. Aggrieved by the same he has filedExt.P3 before the first respondent who is empowered by theprovisions of the Abkari Act and the relevant rules, to consider andpass orders on the same.

2. There will be a direction to the first respondent to consider and pass orders on Ext.P3 within a period of one month from thedate of receipt of a copy of this judgment. Pending the samefurther action pursuant to Ext.P2 will be kept in abeyance. Writpetition is disposed of accordingly.

jj

T.R.RAMACHANDRAN NAIRJudge

K.K.DENESAN & V. RAMKUMAR, JJ.

---------------------------------------------------- M.F.A.NO:

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

JUDGMENT

Dated:

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