IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 WP(C).No. 10734 of 2008(C) -------------------------- PETITIONER: ------------ VILASINI BHASKARAN, AGED 54 YEARS, W/O.BHASKARAN, PARIYARATHU HOUSE, CHIRAKKADAVU P.O., KOTTAYAM DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, TAXES (A) DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 3. THE ASST. EXCISE COMMISSIONER, KOTTAYAM. 4. THE CIRCLE INSPECTOR OF EXCISE, PONKUNNAM, KOTTAYAM DISTRICT. 5. THE DISTRICT COLLECTOR, KOTTAYAM. 6. C.N.CHANDRABHANU, S/O.NARAYANAN, CHERUNGAL HOUSE, ETTUMANOOR, KOTTAYAM DISTRICT. 7. K.B.SHAJI, S/O.PODIYAN, PUTHENPURACKAL HOUSE, MUKKADA P.O., MANIMALA, KANJIRAPPALLY, KOTTAYAM DISTRICT. 8. E.T.RAJENDRAN, S/O.THANKAPPAN, ELAVUNGAMURIYIL, CHERUVALLI KARA, KANJIRAPPALLY, KOTTAYAM DISTRICT. BY SENIOR GOVERNMENT PLEADER SMT.ANU SIVARAMAN R1 TO R5 BY SRI.T.M.ABDUL LATHIFF FOR R6 TO R8 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/04/2008, ALONG WITH WPC NO. 11541/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 10734 & 11541/08 2 APPENDIX EXT.P1: COPY OF THE JOINT APPLICATION SUBMITTED BY THE PETITIONER ALONG WITH OTHER CO-LICENSEES TO THE SECOND RESPONDENT. EXT.P2: COPY OF THE ENQUIRY REPORT FORWARDED BY THE 4TH RESPONDENT. EXT.P3: COPY OF THE IDENTITY CARD OF THE PETITIONER FOR PARTICIPATING IN THE SALE OF TODDY SHOP, DATED 25.3.2008. EXT.P4: PHOTOCOPY OF THE CERITICATE DATED 23.2.2008 ISSUED TO THE PETITIONER BY THE COMMERCIAL TAX OFFICER, PONKUNNAM. EXT.P5: COPY OF THE DEATH CERTIFICATE EVIDENCING THE DEATH OF THE FATHER OF THE PETITIONER. EXT.P6: COPY OF THE CERTIFICATE DATED 17.10.2007 ISSUED BY THE VILLAGE OFFICER, VAZHOOR. EXT.P7: COPY OF THE CERTIFICATE DATED 3.3.2008 ISSUED BY THE WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND BOARD, KOTTAYAM. EXT.P8: COPY OF THE CERTIFICATE DATED 26.2.2008 ISSUED BY THE EXCISE INSPECTOR, KANJIRAPPALLY. EXT.P9: COPY OF THE IDENTITY CARD OF THE CARD OF THE PETITIONER DATED 22.2.2008, SIGNED BY THE VILLAGE OFFICER, PONKUNNAM. EXT.P10: COPY OF THE DECLARATION DATED 20.2.2008 GIVEN BY ALL THE LEGAL HEIRS OF LATE MADHAVAN. EXT.P11: COPY OF THE CERTIFICATE DATED 13.3.2008 ISSUED BY THE 4TH RESPONDENT. EXT.P12: COPY OF THE PETITION DATED 26.3.2008 SUBMITTED BEFORE THE 3RD RESPONDENT. EXT.P13: COPY OF THE PETITION DATED 26.3.2008 SUBMITTED BEFORE THE 5TH RESPONDENT. EXT.P14: COPY OF THE PETITION DATED 27.3.2008 SUBMITTED BEFORE THE 2ND RESPONDENT. EXT.P15: COPY OF THE GUIDELINES ISSUED FOR THE YEAR 2008-09. /TRUE COPY/ P.A. TO JUDGE THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P.C.No.10734 of 2008 & W.P.C No.11541 of 2008 ------------------------------------------- Dated this the 10th day of April, 2008 JUDGMENT On 7.4.2008, the following interim order was issued in these matters: “On the basis of the submissions made by the petitioners in these two matters and having heard learned senior Government Pleader, it is directed that as an interim measure, the licence in question will be issued jointly in the names of the petitioners in both the writ petitions provisionally and subject to further orders. Post on 10.4.2008 for the petitioners to report settlement of the private disputes between them.” 2. It is reported today that the private disputes between the writ petitioners have been settled. I am of the view that the ends of justice will stand satisfied, if the interim order is made absolute. WPC 10734/2008 & 11541/08 2 Hence, these writ petitions are disposed of directing that the licence shall be issued in the joint names of the petitioners in both the writ petitions. Let that be done within an outer limit of one week. THOTTATHIL B.RADHAKRISHNAN, JUDGE csl