IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 WP(C).No. 10268 of 2008(V) -------------------------- PETITIONER: ------------ SHYJIN M., SHINE NIVAS, EZHUKONE, KOTTARAKARA, KOLLAM DISTRICT. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) RESPONDENTS: ---------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, TAXES(A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE, EXCISE COMMISSIONERATE, THIRUVANANTHAPURAM. 3. THE ASSISTANT EXCISE COMMISSIONER, KOLLAM. 4. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, KOLLAM. BY SR.GOVT.PLEADER SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.10268 of 2008-V = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 26th day of March, 2008. JUDGMENT 1.Heard the learned counsel for the petitioner and the learned Senior Government Pleader for the respondents. 2.If the petitioner is not charged by the Court, of any offence punishable under the Abkari Act, the preference claimed by him has to be answered in terms of the declaration of law contained in the judgment dated 18-3-2008 in W.P.(C)8756/2008 and connected cases, since it is stated that the Excise Commissioner has not cancelled the licence. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/