IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 WP(C).No. 14537 of 2008(E) --------------------------------------- PETITIONERS: --------------------- 1. SHYJIN, SHINE NIVAS, KOLANNUR MURI, EZHUKONE VILLAGE, KOTTARAKKARA. 2. MATHUKUTTY,MARUTHAMPADY, THEKKEKKARA, PUTHEN VEEDU, EDAMULACKAL VILLAGE,PATHANAPURAM. BY ADV. SRI.B.KRISHNA MANI. RESPONDENTS: ----------------------- 1. THE COMMISSIONER, EXCIE DEPARTMENT, COMMISSIONERATE, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXCISE COMMISSIONER, KOLLAM. 3. THE CIRCLE INSPECTOR , EXCISE CIRCLE OFFICE, KOLLAM. *ADDL.R4. S. BINU, KOLLORAYATH KIZHAKKETHIL, PADINJATTINKARA, THEVALAKKARA, KARUNAGAPPALLY. *ADDL. R4 IMPLEADED AS PER ORDER DATED 29/05/2008 IN I.A. NO. 6456/2008. BY GOVT. PLEADER SRI. K.V. MANOJ KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.14537/2008-E: EXT.P.1: COPY OF THE LICENCE DTD. 10/04/2008. EXT.P.2: COPY OF THE LICENCE DTD. 10/04/2008. EXT.P.3: COPY OF THE LICENCE DTD. 10/04/2008. EXT.P.4: COPY OF THE LICENCE DTD. 10/04/2008. EXT.P.5: COPY OF THE LICENCE DTD. 15/04/2008. EXT.P.6: COPY OF THE DEMAND DRAFT DTD. 26/03/2008. EXT.P.7: COPY OF THE DEMAND DRAFT DTD. 26/03/2008. EXT.P.8: COPY OF THE CHALLAN DTD. 27/03/2008. EXT.P.9: COPY OF THE CHALLAN DTD. 01/04/2008. EXT.P.10: COPY OF THE REPRESENTATION DTD. 04/05/2008. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// prv. ANTONY DOMINIC, J. =============== W.P.(C) NO. 14537 OF 2008 E ==================== Dated this the 9th day of June, 2008 J U D G M E N T The prayer sought for in this writ petition is to direct the respondents to permit the petitioners to run the toddy shop bearing Nos.12 to 16 for the Abkari year 2008-09. Exts. P1 to P5 are the licences and petitioners submit that though the additional 4th respondent opted out of business, without notice or even cancelling the licence, by force, shops have been closed. It is in this background this writ petition has been filed. 2. Learned Government Pleader on instruction submits that the additional 4th respondent, one of the licencees had applied to the Excise Commissioner by his application dated 21/4/2008 for cancellation of the licence and it is acting upon the application that the impugned action has been taken. According to the learned Government Pleader, matter is now pending consideration of the Excise Commissioner and orders are awaited. 3. Now that it is disclosed that one of the licencees, the additional 4th respondent himself, had applied for cancellation of the licence, the action of the official respondents in not permitting running of the shop cannot be faulted. Since the application for such cancellation WPC 14537/08 :2 : made by the additional 4th respondent is pending consideration of the 1st respondent itself, it is for the 1st respondent to take a decision on the matter after hearing the petitioners herein also. This the 1st respondent shall do, as expeditiously as possible and at any rate within 2 weeks of production of a copy of this judgment, particularly since after making all payments, petitioners are not in a position to run the shop. 4. While orders are passed as above, the 1st respondent shall also take note of the submission of the petitioners that they themselves are willing to run the shop for the remaining licence period. Petitioners shall produce a copy of this judgment before the 1st respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp