Kerala High Court

WP(C)/38069/2008 of K.N.SASIDHARAN AND ANOTHER Vs THE EXCISE COMMISSIONER AND OTHERS on 26 December 2008

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HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 26TH DECEMBER 2008 / 5TH POUSHA 1930 WP(C).No. 38069 of 2008(F) -------------------------- PETITIONER(S): --------------- 1. K.N.SASIDHARAN, AGED 49 YEARS, S/O.AYYAPPAN, KIZHEKKAKARA HOUSE,

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. 38069 of 2008(F)

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

PETITIONER(S):

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

1. K.N.SASIDHARAN, AGED 49 YEARS,

S/O.AYYAPPAN, KIZHEKKAKARA HOUSE,

VADAKKANCHERRY P.O. THALAPPALLY TALUK,

THRISSUR DISTRICT.

2. A.S.SHIJU, ANNATHU HOUSE, POPPATHY,

POYYA, THRISSUR DISTRICT.

BY ADV. SRI.M.G.KARTHIKEYAN

SRI.NIREESH MATHEW

RESPONDENT(S):

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

1. THE EXCISE COMMISSIONER,

COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURNAM.

2. THE ASST. EXCISE COMMISSIONER, PALAKKAD.

3. THE EXCISE INSPECTOR, PATTAMBI EXCISE

RANGE, PALAKKAD DISTRICT.

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:

ANTONY DOMINIC,J.

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

W.P.(C).No. 38069 OF 2008

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

Dated this the 26[th] day of December, 2008.

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JUDGMENT

The 1[st] petitioner along with late A.N. Subramanian wereallotted Toddy Shop Nos.24 to 28 and 38 in Group No.VI ofPattambi Excise Range for the Abkari year 2008-09. Following thedeath of A.N.Subramanian, the name of the 2[nd] petitioner wasendorsed on the license, being a legal heir of the deceased licenseand according to the petitioners, they re-started the toddy shopsfrom 01.11.2008 onwards.

2. In the meanwhile, petitioners were implicated asaccused Nos.3 and 4 in Crime No.33/2008 of Pattambi Excise Rangeand on that basis, the 1[st] respondent issued Ext.P3 suspending theirlicense and calling upon them to show cause why the licenses shallnot be cancelled. Petitioners submitted Ext.P4 and sought anexpeditious disposal of the matter, but however, final orders havenot been passed. It is in these circumstances, the writ petition isfiled praying for quashing Ext.P3 and for consequential reliefs.

WP(c).No.38069/2008

3. Having regard to the fact that the 1[st] respondent has not passed final orders on Ext.P3 so far, I do not think itnecessary that this court should consider the merits of thecontentions in the writ petition at least at this stage. In viewof the pendency of the matter as above, I direct the 1[st]respondent to pass final orders on Ext.P3 in the light of thecontentions raised in Ext.P4, with notice to the petitioners.This shall be done as expeditiously as possible at any ratewithin 4 weeks of production of a copy of this judgment alongwith a copy of this writ petition.

Writ petition is disposed of as above.

(ANTONY DOMINIC)

JUDGE

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