IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 6TH MAY 2010 / 16TH VAISAKHA 1932 WP(C).No. 14122 of 2010(M) -------------------------- PETITIONER(S): --------------- 1. M.ANANTHAKRISHNAN, S/O. MOOKKAN, PEZHUMPALLATHU HOUSE, KINASSERY, KODUMBU VILLAGE, PALAKKAD TALUK. 2. K.RAMAKRISHNAN, S/O. KUTTAN, MOOCHIKKAL HOUSE, KUTTIPULLY, PALAKKAD. BY ADV. SRI.T.A.SHAJI RESPONDENT(S): --------------- 1. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 2. THE DEPUTY EXCISE COMMISSIONER, PALAKKAD. 3. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, THIRUVANANTHAPURAM. 4. K.K.PREMADASAN, S/O. KANDUNNI, KADAMBADI HOUSE, MUTTIKULANGARA, PALAKKAD. BY GOVT. PLEADER SRI. K. RAMESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO. 14122 OF 2010 (M) -------------------------------------------------- Dated this the 6th day of May, 2010 J U D G M E N T License in respect of 7 Toddy Shops in Group No.10 of Palakkad Excise Range was granted to the petitioners and the 4th respondent. In relation to one of the shops, Crime No.11/2010 was registered by the Excise Inspector, Parali Range. Ext.P3 is the Crime and Occurrence Report and Ext.P4 is the Mahazar. Based on the above, by Ext.P5 order, license in respect of all the Toddy Shops were suspended. Ext.P8 is the explanation submitted by the petitioners and the matter remains pending. According to the petitioners, suspension of license is totally unwarranted and is illegal and it is in these circumstances, writ petition is filed. 2. By order dated 30.04.2010, this court stayed the suspension of license and this order remains in force. 3. Although petitioners challenge the whole proceedings, having regard to the fact that final order in the matter is yet to be passed by the 1st respondent, such prayer is premature. At WPC.No. 14122/10 :2 : this stage, all that is required is to direct the 1st respondent to finalise the proceedings pursuant to Ext.P5 with notice to the parties. 4. Therefore, the writ petition is disposed of directing the 1st respondent to finalise the proceedings pursuant to Ext.P5 taking into account Ext.P8 explanation submitted by the petitioners. This shall be done with notice to the licensees and as expeditiously as possible, at any rate within 4 weeks. 5. In the meanwhile, the order dated 30.04.2010 passed in this writ petition will remain in force, on condition that the petitioners shall produce a copy of this judgment along with a copy of this writ petition before the 1st respondent for compliance within 7 days from today. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/