IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 18TH OCTOBER 2007 / 26TH ASWINA 1929 WP(C).No. 30514 of 2007(G) -------------------------- PETITIONER: ------------ BABU, S/O.VASU, AGED 54 YEARS, 654, LAKSHAMVEEDU COLONY, THEKKECHERRY MURI, KANJAVALLY P.O., THRIKKARUVA, KOLLAM. BY ADV. SRI.P.B.SURESH KUMAR SRI.LEO GEORGE RESPONDENTS: ------------- 1. THE EXCISE COMMISSIONER, OFFICE OF THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXCISE COMMISSIONER, KOLLAM. 3. THE CIRCLE INSPECTOR OF EXCISE, KOLLAM EXCISE RANGE, KOLLAM. BY GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/10/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 30514 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of October, 2007 JUDGMENT The writ petition is filed seeking the following reliefs: “i) Issue a writ of mandamus or order or direction to the respondents 2 and 3 to allow the petitioners to run the Toddy Shops based on Ext.P1 Licence in the premises specified therein; ii) Issue a writ of mandamus or order or direction to the respondents 2 and 3 to refrain from interfering in the functioning of the Toddy Shops mentioned in Ext.P1 Licence so long as the valid licence is in force.” 2. According to the petitioners, they are having Ext.P1 licence. They also submit that they have remitted the rental, toddy worker's welfare Fund contribution and all other dues to the Government. The third respondent, it is their case, without passing any orders or giving any reasons is not allowing to function, it is stated. It is stated that the third respondent informed the petitioners that he got instructions from higher authorities that no newly started shops need be allowed to WPC No.30514/07 2 function. It is their case that in all other areas newly started shops are allowed to function. Learned Government Pleader on instructions submits that the re-deployed workers are not engaged in terms of Rule 4(2) of the Kerala Abkari Act. Learned counsel for the petitioner submits that petitioners are prepared to engage the re-deployed workers. In such circumstances, the writ petition is disposed of recording the submission made on behalf of the authorities and directing respondents 2 and 3 to allow the petitioners to run the toddy shop based on Ext.P1 licence in the premises specified therein, of course, provided that the petitioners engage the re-deployed workers in accordance with the licence and the Rules. Should there be any violation, it is open to the respondents to pass written orders in accordance with law. (K.M.JOSEPH, JUDGE) sv. WPC No.30514/07 3