IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 WP(C).No. 18833 of 2008(P) --------------------------------------- PETITIONER: -------------------- P.C.BOSE, S/O.CHELLAPPAN, PRAYANKARIYIL VEEDU, PADINJATTUMBHAGAM KARA, ATHIRAMPUZHA VILLAGE, KOTTAYAM. BY ADV. SRI.K.REGHU KOTTAPPURAM RESPONDENTS: ------------------------- 1. THE ASSISTANT EXCISE COMMISSIONER, PALAKKAD DIVISION, PALAKKAD. 2. THE ASSISTANT EXCISE COMMISSIONER, KOTTAYAM DIVISION, KOTTAYAM. 3. THE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ANTONY DOMINIC, J ----------------------------------------------------------------- W.P.(C).NO.18833/2008 ----------------------------------------------------------------- Dated this the 23rd day of June, 2008 JUDGMENT Petitioner seeks change of vehicle numbers in Ext.P2 toddy transport permit issued in their favour. According to him, Ext.P2 was issued enabling him to transport by road toddy either in vehicle No.KL-5Y-1333 or in KL-5T-3959 through the route indicated therein. It is stated that, since it was impossible to transport in the vehicles mentioned in Ext.P2, petitioner has submitted Ext.P5. As is stated in Ext.P5, the original of Ext.P5 was submitted before the Asst. Excise Commissioner, the 2nd respondent for forwarding the same to the first respondent, for effecting the correction as sought for by the petitioners. It is complained that the 2nd respondent has not forwarded the application to the first respondent and he 2 has returned the same to the petitioner. It is in these circumstances the writ petition has been filed. 2. Since what is sought for by the petitioner is to change the vehicle numbers mentioned in Ext.P2, the permissibility of the request or otherwise, is a matter to be considered by the first respondent. As the application should be routed through the 2nd respondent, on submission of the said application, the 2nd respondent is bound to have accepted the same and after completing the procedural formalities, forward the same to the first respondent. Since it is the positive case of the petitioner that the 2nd respondent returned the application to him, I dispose of this writ petition with the following directions. i. Within one week from today, it will be open to the petitioner to resubmit the original of Ext.P5 application before the second respondent. On receipt of the said application as above, the 2nd respondent shall, 3 within one week thereafter forward the same to the first respondent. ii. The first respondent, on receipt of the said application, shall consider the same and pass orders, as expeditiously as possible and at any rate within ten days thereafter. Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the respondents 1 and 2 for compliance. ANTONY DOMINIC JUDGE vi. 4