IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 WP(C).No. 14082 of 2010(I) -------------------------------------- PETITIONER(S): ------------------------ S. VIJAYAKUMAR, S/O.SUKUMARAN, LICENCEE T.S.NO.6, 7 AND 10 IN GROUP NO.II OF CHIRAYINKEEZHU EXCISE RANGE 2010-2011, RESIDING AT BUNGLOWIL VEEDU, SHANKARA VILLAGE, CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES (EXCISE DEPARTMENT) SECRETARIAT, THIRUVANANTHAPURAM 2. THE COMMISSIONER OF EXCISE, GOVERNMENT OF KERALA, NANDAVANAM, THIRUVANANTHAPURAM. 3. THE DEPUTY EXCISE COMMISSIONER, EXCISE DIVISION OFFICE, THIRUVANANTHAPURAM. 4. THE EXCISE CIRCLE INSPECTOR, EXCISE CIRCLE OFFICE, ATTINGAL, THIRUVANANTHAPURAM. R1 TO R4 BY GOVT. PLEADER SMT.N. SUDHA DEVI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 14082/2010-I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTICE NO.TA-1500/2010 DATED 27/03/2010 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P2: COPY OF THE ORDER NO.XA7-8304/10 DATED 05/04/2010 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT. EXT.P3: COPY OF THE ORDER NO.AC-2/2010(A) DATED 23/04/2010 ISSUED BY THE 4TH RESPONDENT. EXT.P4: COPY OF THE COMMUNICATION NO.AC-2/2010 DATED 23/04/2010 ISSUED BY THE 4TH RESPONDENT. EXT.P5: COPY OF THE G.O.(MS)NO.55/2010/TD DATED 05/03/2010 ISSUED BY THE 1ST RESPONDENT. EXT.P6: COPY OF THE MEMORANDUM OF APPEAL AND THE POSTAL RECEIPT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. T.R.RAMACHANDRAN NAIR, J. ------------------------------------------ W.P.(C)NO.14082 OF 2010-I ---------------------------------------- DATED THIS THE 4TH DAY OF JUNE, 2010. J U D G M E N T The petitioner is the grantee of privilege in respect of T.S.Nos.5, 6, 7, 8 and 10 in Group No.II of Chirayinkeezhu Excise Range for the Abkari Year 2010-2011. The issue raised in the Writ Petition is with regard to Shop Nos.6,7 and 10 as the Circle Inspector of Excise as per Exhibit P3 has directed the petitioner to shift the shops to any other unobjectionable sites. Challenging the same, this Writ Petition has been filed. 2. Along with I.A.No.7118/2010, the petitioner has produced Exhibit P6, copy of an appeal filed under Rule 11 of the Kerala Abkari Shops Disposal Rules, 2002 before the 2nd respondent. The learned counsel for the petitioner prays that the 2nd respondent may be directed to take a decision on Exhibit P6 expeditiously. Therefore, the Writ Petition is disposed of directing the 2nd respondent to take a decision on Exhibit P6 within a period of three weeks from the date of receipt of a copy of this judgment. W.P.(C)No.14082/10 -2- The petitioner will produce a copy of the Writ Petition along with a copy of the judgment for compliance. Till Exhibit P6 appeal is disposed of, steps for auction shall be kept in abeyance. No costs. T.R.RAMACHANDRAN NAIR, JUDGE dsn