IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 WP(C).No. 21651 of 2010(F) -------------------------------------- PETITIONER(S): ------------------------ 1. ASHOKAN, AGED 53 YEARS, S/O. BHASKARAN, CHITTEZHATHU HOUSE, POOCHACKAL P.O., CHERTHALA, ALAPPUZHA DISTRICT. 2. T.D.MANY, S/O. DAMODHARAN, THACHAPARAMBIL HOUSE, POOCHAKKAL P.O. CHERTHALA, ALAPPUZHA DISTRICT. 3. RATHNAKARAN, S/O. SIVARAMAN, THENAMPARAMBU, CHETHI P.O., ALAPPUZHA DISTRICT. 4. SMT.BABY, AJAYAKUMAR, D/O.LAKSHMIKUTTY AMMA, LAKSHMI SADANAM, MUHAMMA P.O., ALAPPUZHA DISTRICT. 5. SREEKANTH, S/O.MANIYAPPAN, RANDOTTATHIL, PATHIRAPPALLY P.O., ALAPPUZHA. 6. P.T.VENU, S/O.THANKAPPAN,PANAMPADACHIRA HOUSE, S.N.PURAM P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENT(S): ------------------------- 1. STATE OF KREALA REP.BY SECRETARY, TAXES (A) DEPARTMENT GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONR, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 3. THE DEPUTY COMMISSIONR OF EXCISE, PALAKKAD. 4. THE DEPUTY COMMISSIONR OF EXCISE, ALAPPUZHA. 5. THE CIRCLE INSPECTOR OF EXCISE, CHERTHALA, ALAPPUZHA DISTRICT. BY GOVT. PLEADER SMT.N.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2010 ALONG WITH WPC NO. 21652 OF 2010 WPC NO. 21655 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.21651/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE TODDY TRANSPORT PERMIT NO.06/2010-11/ID/1HY DTD. 29.3.2010 ISSUED BY THE 3RD RESPONDENT TO THE IST PETITIONER. P2:- COPY OF THE TODDY TRANSPORT PERMIT NO.09/10-11/ID/I HY DTD. 29.3.2010 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER. P3:- COPY OF THE TODDY TRANSPORT PERMIT NO.08/10-11/ID /I HY DTD. 29.3.2010 ISSUED BY THE 3RD RESPONDENT TO THE 3RD PETITIONER. P4:- COPY OF THE TODDY TRANSPORT PERMIT NO.11/10-11/ID /I HY DTD. 29.3.2010 ISSUED BY THE 3RD RESPONDENT TO THE 4TH PETITIONER. P5:- COPY OF THE TODDY TRANSPORT PERMIT NO.10/10-11/ID/IHY DTD. 29.3.2010 ISSUED BY THE 3RD RESPONDENT TO THE 5TH PETITIONER. P6:- COPY OF THE TODDY TRANSPORT PERMIT NO.07/10-11/ID/I HY DTD. 29.3.2010 ISSUED BY THE 3RD RESPONDENT TO THE 6TH PETITIONER. P7:- COPY OF THE ORDER DTD. 26.5.2010 IN WPC. 16038/2010 PASSED BY THIS HONOURABLE COURT. TRUE COPY P.A. TO JDUGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.21651/2010-F, 21652/2010-F & 21655/2010-F ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 11th day of August, 2010 J U D G M E N T This writ petitions are concerned with the restriction made by the Excise Commission with regard to the operation of toddy transport permits by directing the petitioners to delete one of the two vehicle numbers from the transport permit. 2. This Court had passed an interim order in these matters and a batch of cases, namely, W.P(C).Nos.15513, 15704, 15705, 15723 and 16038/2010 were disposed of in the light of the subsequent developments. Paragraph (2) of the said Judgment is extracted below:- “Today when the matter came up for hearing, the learned Government Pleader submitted that the restriction introduced which has led to the filing of the writ petitions stands withdrawn as per Order No.XA2.14439/01 dated 22/07/2010. A reading of the order shows that the order dated 01/07/2010 of the Excise Commissioner has been modified and directions have been issued to mention registration numbers of two vehicles in the toddy transport permit, W.P.(C). Nos.21651/2010, 21652/2010 & 21655/2010 -:2:- subject to certain conditions. The modified orders have been directed to be implemented also.” 3. Since the position is the same in these cases also, the writ petitions are allowed. The petitioners will therefore be governed by the transport permits already issued and the conditions provided in the order dated 22/07/2010. No costs. (T.R. Ramachandran Nair, Judge.) ms