IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 WA.No. 2505 of 2008() --------------------- AGAINST THE JUDGEMENT/ IN WPC.34958/2008 Dated 28/11/2008 .................... APPELLANT(S): ---------------------- P.N.THILAKAN, PALAKKAL HOUSE, CHITTATTUKARA, VADAKKEKARA P.O., N. PARAVUR, ERNAKULAM DIST. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR RESPONDENT(S): --------------- 1. ISMAIL SAIT THYKKAVU, REPRESENTED BY ITS MUTHAVALLY/SECRETARY K.K. ABOOBACKER, AGED 75 , BUSINESS, S/O. KUNJUMEERAN, KARUKAPADATH HOUSE, EDAVANAKKAD P.O. 2. P.R. SUBRAMANIAN, PAZHAMPILLY HOUSE, SYED MUHAMMED ROAD, EDAVANAKKAD P.O., ERNAKULAM. 3. STATE OF KERALA, REP. BY ITS SECRETARY TO TAXES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. THE COMISSIONER OF EXCISE, EXCISE COMMISSIONERATE, THIRUVANANTHAPURAM. 5. THE ASSISTANT EXCISE COMMISSIONER, ERNAKULAM. 6. KERALA STATE WAKF BOARD, REPRESENTED BY ITS EXECUTIVE OFFICER, ERNAKULAM. 7. THE CIRCLE INSPECTOR OF POLICE, NJARAKKAL CIRCLE, NJARAKKAL. BY ADV. SRI.D.SOMASUNDARAM FOR R1 & R2 SRI.K.A.MANZOOR ALI FOR R1 & R2 SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD FOR R6 GOVERNMENT PLEADER SMT. BINDU-R3 TO 5,7 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 2505 OF 2008 --------------------------------------------- Dated this the 10th day of June, 2009 JUDGMENT Balakrishnan Nair, J. This appeal is filed against the judgment in W.P.(C) No. 34958 of 2008. The Writ Petition was filed by respondents 1 and 2 herein. They challenged Ext.P5 licence issued to the appellant for Toddy Shop No.18, Chathangad in Narakkal range for the year 2008-2009. The competent authority cancelled the said licence by order dated 27.11.2008. The said fact was reported to this Court by the learned Government Pleader. Thereupon, the Writ Petition was closed. In view of the above position, it is unnecessary for the appellant to challenge that judgment. His remedy lies in challenging the order of the competent authority dated 27.11.2008 cancelling his licence. That, he has already challenged by filing W.P.(C) No.3843 of 2008. W.A. NO. 2505/2008 2 Therefore, this Writ Appeal is not maintainable and it is accordingly dismissed. (K. BALAKRISHNAN NAIR) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NO. 2505/2008 3 K.BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. W.A. NO.2505/2008 JUDGMENT 10th June, 2009