IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 WP(C).No. 4368 of 2009(T) ------------------------- PETITIONER(S): --------------- R.RADHAKRISHNAN,AGED 52 YRS, S/O.LATE RAMAN, MANIKANTACHIRA PUTHEN VEEDU, ALTHARAMOODU KARA, KADAKKAL, KOLLAM DIST. BY ADV. SRI.C.C.THOMAS, SENIOR ADVOCATE APPEARING WITH ADVOCATES SRI.M.G.KARTHIKEYAN AND SRI.NIREESH MATHEW RESPONDENT(S): --------------- 1. THE EXCISE COMMISSIONER,COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 2. THE DEPUTY COMMISSIONER OF EXCISE, KOLLAM. 3. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE,CHADAYAMANGALAM, KOLLAM DISTRICT. GOVT. PLEADER SRI.T.K. VIPIN DAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 4368 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 10th February, 2009. J U D G M E N T By Ext. P6, the toddy shop licence of the petitioner has been suspended and the petitioner has been directed to show cause why the licence should not be cancelled for the reason that he had violated the conditions of licence issued for the previous year. The petitioner challenges that order. According to the petitioner, as laid down by this Court in the decision of Gopidas v. Shibu Mathew, [2004 (1) KLT 570] for violations of conditions of licence for previous year, the current licence cannot be suspended or cancelled. I am of opinion that the said contention has to be raised before the 1st respondent. 2. I find that the petitioner has already filed Ext. P7 objections to Ext. P6. In the above circumstances, it is for the 1st respondent to pass final orders pursuant to Ext. P6 expeditiously. Accordingly, I dispose of this writ petition with a direction to the 1st respondent to consider and pass final orders on Ext. P6, after taking into account the contentions raised in Ext. P7, as expeditiously as possible, at any rate, within three weeks from the date of receipt of a copy of this judgment. While passing orders, the 1st respondent shall address himself to the applicability of the decision in Gopidas's case to the petitioner's case. The petitioner shall also be afforded an opportunity of being heard. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.