IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 WP(C).No. 17140 of 2011(N) ----------------------------------------- PETITIONER(S): ------------------------ MANIKANDAN, S/O.RAMAKRISHNAN, AGED 38 YEARS, VASDAKKAN HOUSE, VADANAPILLY VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SMT.CHINCY GOPAKUMAR RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, WADAKKANCHERRY - 676 111. 3. THE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM - 695 001. R1 TO R3 BY GOVERNMENT PLEADER SRI. MUHAMMED SHAFI.M. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17140/2011 N APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE CRIME AND OCCURANCE REPORT IN CR.NO.31/2011 OF EXCISE INSPECTOR, WADAKKANCHERRY RANGE. P2: COPY OF THE TODDY TRANSPORT PERMIT. P3: COPY OF THE ENTRY IN PERLI CHECK POST DTD. 10/04/2011. P4: COPY OF THE BILL DTD. 10/04/2011 FROM THE WORKSHOP. P5: COPY OF THE REPLY DTD. 11/05/2011 FROM THE EXCISE INSPECTOR PARLI. P6: COPY OF THE CHEMCIAL ANALYSIS REPORT DTD. 21/05/2011. P7: COPY OF THE PROCEEDINGS OF THE COMMISSIONER OF EXCISE, TRIVANDRUM DTD. 4/06/2011. P8: COPY OF THE REPLY TO SHOW CAUSE NOTICE DTD. 13/06/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO.17140 OF 2011 ------------------------------- DATED THIS THE 20TH DAY OF JULY, 2011 JUDGMENT This writ petition is filed seeking the following reliefs: i) To quash Ext.P1 crime and occurrence report. ii) To direct the respondents to permit the petitioner to continue as the licensee in respect of shop Nos.24 to 28 in Group V of Wadakancherry Excise Range. iii) to quash Ext.P7 proceedings of the Excise Commissioner, Thiruvananthapuram. 2. Petitioner is the licensee of toddy shop Nos.24 to 28 in Group V of Wadakkancherry Excise Range. Petitioner is the 3rd accused in Crime No.31/2011 registered by the 2nd respondent for offences under Sections 55(a), 58, 56(b) 13 read with sections 63 and 67B of he Abkari Act. The vehicle carrying toddy was seized on 10-4-2011 alleging that the vehicle was transporting toddy without any valid permit or authority. -2- W.P.(C).No.17140/2011 3. The learned counsel for the petitioner pointed out that the Excise department suspended the license issued in the name of the petitioner and Ext.P7 show cause notice dated 4/6/2011 was issued to the petitioner to show cause as to why the license shall not be cancelled. The notice was received by the petitioner on 7/6/2011. Petitioner submitted Ext.P8 reply on 13/6/2011. The learned counsel for the petitioner did not press the lst relief. 4. In the statement filed by the 2nd respondent it is stated that pursuant to Ext.P8 reply the 3rd respondent conducted hearing on 28/6/2011 and that order will be issued at the earliest. During the course of hearing, the learned counsel for the petitioner pressed for the relief of early disposal of Ext.P7 proceedings. In the circumstances, this Court is of the view that a direction can be issued to the 3rd respondent to pass orders on Ext.P7 proceedings. In the above circumstances, this writ petition -3- W.P.(C).No.17140/2011 is disposed of with a direction to the 3rd respondent to pass orders on Ext.P7 within one week from the date of receipt of a copy of the judgment. All other contentions raised in this writ petition are left open. HARUN-UL-RASHID, Judge. kcv.