IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 WP(C).No. 21467 of 2008(E) -------------------------- PETITIONERS: --------------- 1. P.MANILAL, AGED 32 YEARS, S/O PRABHAKARAN, CHECKALATHEVAYIL, PUTHEN SANKETHAM DESOM, KOYIVILA, THEVALAKKARA VILLAGE, KOLLAM DISTRICT. 2. RAJENDRAN, KANNANKULANGARA VEETTIL, PERUMKULAM DESOM, KALAYAPURAM VILLAGE, KOTTARAKKARA,KOLLAM DISTRICT. BY ADV. SRI.C.C.THOMAS (SR.) SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENTS: ----------------- 1. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 2. THE ASST. EXCISE COMMISSIONER, KOLLAM. 3. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, KOLLAM. GOVERNMENT PLEADER SMT. DEEPA K.R.FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON ON 01/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.21467/2008 2 APPENDIX PETITIONERS EXHIBITS: EXT.P1: COPY OF THE MAHAZAR DATED 25.4.2008 PREPARED BY THE 3RD RESPONDENT. EXT.P2: COPY OF THE CRIME AND OCCURRENCE REPORT IN CR.No.38/2008 PREPARED BY THE 3RD RESPONDENT. EXT.P3: COPY OF CHALAN DATED 1.4.2008 EVIDENCING THE PAYMENT OF TREE TAX. EXT.P4: COPY OF THE LICENSE No.40/2008-09 IN RESPECT OF TODDY SHOP No.40 ISSUED BY THE SECOND RESPONDENT 10.4.2008. EXT.P5: COPY OF THE ORDER DATED 4.6.2007 IN CRL.M.C.No.1694/2007 PASSED BY THIS HON'BLE COURT. EXT.P6: COPY OF THE ORDER DATED 28.05 2008 IN BA.NO.2936/2008 PASSED BY THIS HON'BLE COURT. EXT.P7: COPY OF THE ORDER DATED 28.5.2008 IN B.A.NO.2947/2008 PASSED BY THIS HON'BLE COURT. EXT.P8: COPY OF THE ORDER NO.XA7-11655/08 DATED 22.5.2008 PASSED BY THE 1ST RESPONDENT. EXT.P9: COPY OF THE JUDGMENT DATED 2.6.2008 IN W.P.(C).No.16326/2008 OF THIS HON'BLE COURT. EXT.P10: COPY OF THE OBJECTION DATED 7.6.2008 FILED BEFORE THE 1ST RESPONDENT BY THE PETITIONERS. EXT.P11: COPY OF THE CHEMICAL ANALYSIS REPORT DATED 21.6.2008 ISSUED BY THE ASST. CHEMICAL EXAMINER TO GOVT. OF KERALA. EXT.P12: COPY OF THE ORDER NO.XA7-1655/08 DATED 26.6.2008 PASSED BY THE 1ST RESPONDENT. EXT.P13: COPY OF THE JUDGMENT DATED 18.3.2008 IN W.P.(C).No,9044/2008 OF THIS HON'BLE COURT. EXT.P14: COPY OF THE ORDER DATED 22.10.2008 IN CRL.M.C.NO.3848/2008 PASSED BY THIS HON'BLE COURT. TRUE COPY P.A.TO JUDGE S.SIRI JAGAN, J - - - - - - - - - - - - - - - - - - - - - - - W.P(C)No.21467 of 2008 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of January, 2009 J U D G M E N T The petitioners are licencees of toddy shops in Group No. VIII in Kollam Excise Range for the Abkari year 2008-09. They are aggrieved by Exts.P8 and P12 orders, whereby their licences have been cancelled on allegation that they have sold toddy mixed with alcohol. One of the contentions raised by the petitioners is that material such as a statement allegedly made by a tapper of the toddy shop has been relied upon while passing the impugned orders, which material was not put to the petitioners with an opportunity to contradict the same by appropriate evidence in the matter. 2. In the above circumstances, by order dated 6.11.2008 I had directed the Government Pleader to file a counter affidavit of the 1st respondent stating as to whether the materials relied upon in Ext.P12 order, particularly the statement of the approved tapper was put to the petitioners before passing Ext.P12 order. Although an affidavit dated 25.11.2008 has been filed, there is no categoric averment therein to the effect that the materials relied on has been put to the petitioners before passing the impugned orders. That being so, clearly the impugned W.P(C)No.21467 of 2008 - 2 - orders have been issued in violation of the principles of natural justice, in so far as the said orders have been passed without affording an opportunity to the petitioner to disprove the materials relied upon in the impugned orders. Consequently the impugned orders are quashed and the 1st respondent is directed to pass fresh orders in the matter after affording an opportunity to the petitioners to disprove the materials relied upon by the 1st respondent in the matter. Fresh orders shall be passed, as expeditiously as possible, at any rate within one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE rhs