IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 WP(C).No. 20882 of 2008(J) -------------------------- PETITIONER: ------------ 1. T.K.ANEESH,S/O LATE KOCHUKUTTAN, THEKKEMADATHIL,ARTHINKAL POST,CHERTHALA 2. K.OMANA, W/O LATE KOCHUKUTTAN, THEKKEMADATHIL,ARTHINKAL POST,CHERTHALA 3. KOMALAM NATARAJAN, W/O LATE NATARAJAN, MAKKAPARAMBIL, VETTAKKAL P.O., CHERTHALA. BY ADV. SRI.N.D.PREMACHANDRAN SRI.D.AJITHKUMAR SMT.LALIZA.T.Y. RESPONDENTS: ------------- 1. THE COMMISSIONER OF EXCISE, EXCISE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXCISE COMMISSIONER, EXCISE DIVISION OFFICE, ALAPPUZHA. BY GOVT. PLEADER SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).NO.20882/2008 ----------------------------------------------------------- Dated this the 16th day of July, 2008 JUDGMENT Exts.P1 to P5 are the licenses issued in the name of the petitioners 1 and 2 and late Natarajan, whose wife is the 3rd petitioner. While the licensees were conducting the shops, Sri. Natarajan expired on 16.6.2008. The death of Sri.Natarajan was reported to the respondents and on 17.6.2008, Ext.P6 joint application was filed by the petitioners 1 and 2 and the 3rd petitioner, being the wife of the deceased. Consent letters issued by other legal representatives of late Natarajan was also produced along with Ext.P6. It is also stated by the petitioners that subsequently the petitioners also produced Ext.P8 legal heirship certificate before the authorities in order to enable them to transfer the licenses in the name of the petitioners WP(c).No.20882/08 2 herein. It is also stated that they have also produced Exts.P9 and P10 certifying that there are no arrears under the Toddy Workers Welfare Fund and licence fees. According to the petitioners while they were awaiting orders on Exts.P6 to P8, by issuing Ext.P11, the second respondent has directed closure of the shop and that lead to the filing of this writ petition. 2. As is evident from Exts.P1 to P5, the licenses are in the joint name of the petitioners 1 and 2 and late Natarajan. In terms of Rule 5(18), application also has been made by the petitioners herein, within one month of the death of late Natarajan producing supporting documents. The application so made by the petitioners is pending consideration of the authorities. The fact remains that, even according to the respondents, there is no rival claimant. Such being the case, there is absolutely no reason why the shop should remain closed until orders are passed on Ext.P6. WP(c).No.20882/08 3 3. Accordingly, the writ petition is disposed of directing that the orders on Ext.P6 shall be passed by the first respondent, as expeditiously as possible and at any rate, within 3 weeks from the date of production of a copy of the judgment, with notice and opportunity to the petitioners. In the meanwhile petitioners will be permitted to run the shop covered by Exts.P1 to P5 licenses. Petitioners shall produce a copy of the judgment before respondents 1 and for compliance. ANTONY DOMINIC JUDGE vi. WP(c).No.20882/08 4