IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 W.P.(C).No. 23639 of 2008(L) ----------------------------------- PETITIONERS: --------------- 1. ROY.K.THOMAS, 48 YEARS, S/O.THOMAS KODOOR KANJIRATHINGAL HOUSE, ETTUMANOOR PO., KOTTAYAM. 2. BHARATHI SREEDHARAN, 72 YEARS W/O.SREEDHARAN, NADUPURAYIL HOUSE KADAPPOOR KARA, KANAKKARI, KOTTAYAM. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENTS: ----------------- 1. STATE OF KERALA, REP. BY SECRETARY, TAXES (A) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE, EXCISE COMMISSIONERATE, PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM. 3. THE ASST. EXCISE COMMISSIONER, O/o. THE ASST. EXCISE COMMISISONER, KOTTAYAM. 4. THE CIRCLE INSPCTOR OF EXCISE, KOTTAYAM. 5. P.C. BOSE, S/O. CHELLAPPAN, PARAYANKARIYIL HOUSE, ATHIRAMPUZHA P.O., KOTTAYAM DISTRICT. WPC 23639/2008 (L) =: 2 := 6. GEORGE VARGHESE, S/O. GEORGE THOMAS, ILLATHUPARAMBIL HOUSE, ARUMANOOR P.O., AYARKUNNAM, KOTTAYAM DISTRICT. 7. MADHYA VYAVASAYA THOZHILALI UNION (CITU), ETTUMANOOR RANGE, REPRESENTED BY ITS GENERAL SECRETARY, SRI. P.N. RAJAPPAN. 8. ETTUMANOOR CHETHU THOZHILALI UNION (AITUC), REPRESENTED BY ITS SECRETARY, M.V. JANARDHANAN. 9. K.M. SABU, KALLIVEETTEL, PUNNATHURA WEST P.O., KOTTAYAM DISTRICT. BY GOVT. PLEADER, SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 23639 OF 2008 L ==================== Dated this the 6th day of August, 2008 J U D G M E N T Petitioners along with respondents 5 and 6 were granted licence in respect of Toddy Shop Nos. 8 to 12 in Ettumanoor Range. In so far as this writ petition is concerned, all that is relevant is Toddy Shop No.12, which is stated to be under the management of the 5th respondent, based on an internal arrangement among the joint licencees. 2. Bereft of the details, it is to be stated that at a later point of time, 5th respondent closed the shop and thereupon the 3rd respondent issued Ext.P3 to the licencees including the petitioners and the 5th and 6th respondents. Petitioners submit that on receipt of Ext.P3, they have submitted Ext.P4 reply and the 5th respondent has also given yet another reply of his own. In this writ petition, all that is sought for is that the 3rd respondent may be permitted to finalise the proceedings initiated by him as per Ext.P3. 3. Having regard to the fact that the petitioners as also the respondents 5 and 6 are joint licencees of a group which includes Toddy Shop No.12 referred to above also, I see no justification to decline the relief now sought for. WPC 23639/08 : 2 : Accordingly, the writ petition is disposed of directing the 3rd respondent to finalise the proceedings initiated by him as per Ext.P3 with notice to the petitioners and respondents 5 to 9. This shall be done, as expeditiously as possible, at any rate, within 4 weeks of production of a copy of this judgment. ANTONY DOMINIC, JUDGE Rp