IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 WP(C).No. 30837 of 2010(D) -------------------------- PETITIONER(S): --------------- K.R.VIJAYA, AGED 38 YEARS, W/O.KOCHUMON,PROPRIETRIX,HARITHA PHARMACEUTICALS, VARANDARAPPILLY,THRISSUR DISTRICT . BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA SMT.P.R.REENA RESPONDENT(S): --------------- 1. EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE,THIRUVANANTHAPURAM. 2. JOINT EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE,THIRUVANANTHAPURAM. 3. JOINT EXCISE COMMISSIONER, O/O.DEPUTY EXCISE COMMISSIONER, THRISSUR. BY GOVT. PLEADER SMT.K.R.DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.30837 of 2010 ------------------------------- Dated this the 28th day of October, 2010 J U D G M E N T The petitioner is the proprietrix of M/s.Haritha Pharmaceuticals, an establishment engaged in the manufacture and sale of Ayurvedic medicines. In this writ petition, the petitioner challenges Ext.P10 show cause notice issued by the Commissioner of Excise calling upon her to show cause why the L2 licence issued to her under the Kerala Spirituous Preparations (Control) Rules should not be cancelled. In Ext.P10 show cause notice, it is alleged that for unauthorised sale of products manufactured by the petitioner's unit, 37 cases have been registered throughout the State against her. However, the petitioner submits that, as can be seen from Ext.P11 reply to the show cause notice that she is unaware of the details of the said cases. The main grievance put forward by the petitioner in this writ petition is that unless the details regarding 37 cases referred to in Ext.P10 show cause notice are furnished to her, she will not be in a position to answer the allegations levelled against her. 2. The pleadings and the materials on record disclose that the enquiry pursuant to Ext.P10 show cause notice is scheduled to be held on 30.10.2010. The learned Government Pleader submitted, on instructions, that 37 cases have been registered against the petitioner W.P.(C) No.30837/2010 2 for unauthorised manufacture and sale of Ayurvedic medicines, which according to the Department were sold misusing the licence and in violation of the terms and conditions of the licence. In such circumstances, as the details of the said cases are not set out in Ext.P10 show cause notice, I am of the opinion that before proceeding further with Ext.P10 show cause notice, the Commissioner of Excise should furnish the details of the said cases to the petitioner. 3. I accordingly direct that the enquiry pursuant to Ext.P10 show cause notice shall stand adjourned by a period of one month from today so as to enable the Commissioner of Excise to furnish to the petitioner the details regarding the 37 cases. The Commissioner of Excise shall, after furnishing the said details, afford the petitioner an opportunity of being heard, and thereafter pass final orders in the matter. The writ petition is disposed with the above directions. P.N. RAVINDRAN, JUDGE. nj.