IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 WP(C).No. 1451 of 2006(W) --------------------------------------- PETITIONER: ACCUSED 1 & 2: -------------------- K.M.JOSHI, KUZHIKKATTU HOUSE, KONNATHADI P.O. VELLATHOOVAL VIA, IDUKKI DISTRICT. BY ADV. SRI.K.BABU THOMAS SMT.MARYKUTTY BABU RESPONDENTS: ----------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, EXCISE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE EXCISE COMMISSIONER, COMMISSIONER OF EXCISE, TRIVANDRUM. 3. THE ASSISTANT EXCISE COMMISSIONER, THODUPUZHA, IDUKKI. 4. THE CIRCLE INSPECTOR OF EXCISE, UDUMBANCHOLA, IDUKKI. 5. MADHYA NIRODHANA SAMITHI, PANIKKANKUDI UNIT, PANIKKANKUDI P.O. UDUMBANCHOLA, IDUKKI, REP. BY ITS PRESIDENT.. R1 TO R4 BY GOVERNMENT PLEADER SRI.P.K.RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.1451/2006 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE LICENSE ISSUED BY THE 3RD RESPONDENT. DT.4.5.2005. EXT.P2:- COPY OF THE REPRESENTATION TO THE 3RD RESPONDENT DT. 29.3.04. EXT.P3:- COPY OF THE JUDGMENT IN WPC. NO.27930/04 DT. 21.3.05. EXT.P4:- COPY OF THE WRITTEN OBJECTION-CUM REPRESENTATION DT. 7.7.05. EXT.P5:- COPY OF THE ORDER NO.XA2-27521/04 DT. 12.7.05. EXT.P6:- COPY OF THE NOTICE ISSUED TO THE PETITIONER DT. 19.7.05. EXT.P7:- COPY OF THE JUDGMENT IN WPC. NO.22103/05.DT. 21.10.05. EXT.P8:- COPY OF THE ORDER NO.XA2-27521/04. 23.12.05. EXT.P9:- COPY OF THE NOTICE DT. 10.1.06. /TRUE COPY/ P.A. TO JUDGE tss. THOTTATHIL B. RADHAKRISHNAN, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C) No. 1451 of 2006-W ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 7th day of February, 2008 J U D G M E N T From 1985, an Abkari shop is located in the site where the petitioner conducts the shop. By the impugned order, Ext.P8, that has been ordered to be shifted, even though it was noticed that in terms of G.O(P).No.68/04/TD, dated 04/05/2004, the shop could be located in the site in question. In issuing Ext.P8 order, the Excise Commissioner acted on a complaint of the local people who had a Madya Nirodhana Samithi. Whatever be the quality of that order, the fact remains that from 17/01/2006 it stands stayed as per the interim order of this Court. With the passage of time, that status quo is to be let to continue for the current Abkari year and leaving the Government and the Excise Commissioner to decide the location of the shop in question for the next Abkari year. In the result, the interim order dated 17/01/2006 is made absolute and it is directed that Ext.P8 order will stand suspended W.P.(C).No.1451/2006-W -: 2 :- for the current Abkari year and the Excise Commissioner shall decide on the issue of continuing the toddy shop in the site in question in relation to the grant of licence for the next Abkari year. This writ petition is disposed of as above. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge ms