IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 W.P.(C).No. 24697 of 2008(M) ----------------------------------- PETITIONER: -------------- V.V. SHIBY, S/O. VASUDEVAN, VAZHAKULAM HOUSE, CHIRMCHIRA POST, KOTTAYAM. BY ADV. SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENTS: ----------------- 1. THE DISTRICT COLLECTOR, KOTTAYAM. 2. THE ASSISTANT EXCISE COMMISSIONER, KOTTAYAM. 3. PROF.C. MAMMACHAN, GENERAL CONVENER, TODDY SHOP VIRUDHA SAMITHY, MANGANAM, KOTTYAM. 4. REV. K.C. MATHEW, SECRETARY, MUNDAKAPPADAM MANDIRAM SOCIETY, MANGANAM, KOTTAYAM. BY GOVT. PLEADER, SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 24697 OF 2008 M ==================== Dated this the 22nd day of August, 2008 J U D G M E N T Petitioner is a licencee of TS No.48/08-09, Mandiram of Kottayam Excise Range. In this writ petition what is under challenge is Ext.P5 proceedings of the 1st respondent issued under Section 54 of the Abkari Act ordering that the licence is suspended for a period of 3 months. Though several grounds have been urged by the writ petitioner, for the present, I need consider only the one that the said order was issued in violation of the principles of natural justice in as much as the petitioner was not given any notice or an opportunity of hearing before passing the order. 2. Though the learned Government Pleader has obtained instructions in the matter, the aforesaid contention of the petitioner does not seem to be in dispute. In view of this, I quash Ext.P5. It is clarified that it will be open to the 1st respondent to initiate fresh proceedings against the petitioner, but however, it shall only be after notice and hearing the petitioner. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp