IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 7313 of 2006(U) ----------------------------------- PETITIONER: ------------------- K.A. MOHANAN, S/O. AYYAPPU, AGED 37 YEARS, KODOKKI HOUSE, NADUVILKARA, VATANAPPILLY, CHAVAKKAD, THRISSUR DISTRICT. BY ADV. SRI.SHAJI P.CHALY RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, EXCISE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, TAXES (G) DEPARTMENT, THIRUVANANTHAPURAM. 3. THE EXCISE COMMISSIONER, OFFICE OF THE COMMISSIONERATE OF EXCISE,TRIVANDRUM 4. ASSISTANT EXCISE COMMISSIONER, OFFICE OF THE ASSISTANT EXCISE COMMISSIONER, MALAPPURAM. BY GOVERNMENT PLEADER SRI. NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7313 of 2006(U) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE ABKARI LICENSE ISSUED TO THE PETITIONER DURING THE YEAR 2002-03 AND RENEWED FOR 2005-2006. EXT.P2 - TRUE COPY OF THE DATED 04/03/06 PASSED BY THE 3RD RESPONDENT. EXT.P3 - TRUE COPY OF THE FIR BEARING NO. 45/06 DATED 04/02/06. EXT.P4 - TRUE COPY OF THE CASE DIARY DOCKET. EXT.P5 - TRUE COPY OF THE PAPER CUTTING WHICH REPORTED THE INCIDENT. EXT.P6 - TRUE COPY OF THE COMPLAINT FILED BYTHE PETITIONER. EXT.P7 - TRUE COPY OF THE INTERIM ORDER PASSED IN W.P.(C) NO. 4138/06 DATED 13/02/2006. EXT.P8 - TRUE COPY OF THE JUDGMENT OF W.P.(C) 4138/06 DATED 27/02/06. /TRUE COPY/ PA TO JUDGE rhs KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No. 7313 of 2006 ---------------------------------------------- Dated 1st September, 2008. J U D G M E N T Ext.P2 order passed by the government is under challenge. In the said order it is only stated that the toddy shop run by the petitioner has to be closed down until further orders. Apparently, the same is passed on the representation filed by one Parameswaran. The said Parameswaran is not on the party array. Be that as it may, though there is an interim order dated 13.3.2006, there is no counter affidavit. Since the petitioner is the affected party, no orders of such serious consequences should have been passed without notice to the petitioner. Therefore, I quash Ext.P2 with a direction to the first respondent to consider the matter afresh with notice to the petitioner and the complainant, and pass appropriate orders thereon in accordance with law expeditiously. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.7313 of 2006 ---------------------------------------------- J U D G M E N T Dated 1st September, 2008.