IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 WP(C).No. 6760 of 2010(T) ------------------------- PETITIONER(S): --------------- 1. KRISHNAN NAIR, S/O.KESAVA PILLAI, PARASSERI HOUSE, CHAKKAMURI, PETTA VILLAGE, THIRUVANANTHAPURAM TALUK. 2. SHINY VIJAYAN, S/O.VIJAYAN, SHINY BHAVANAM, PARIYARAM MURI, NEDUMANGADU VILLAGE, NEDUMANGADU TALUK, THIRUVANANTHAPURAM DISTRICT. 3. SURESHKUMAR, S/O.NAGAPPAN, SURESH BHAVAN, KARAKKONAM MURI, KUNNATHUKAL VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. 4. T.N.PRAKASAN, S/O.T.K.NARAYANAN, THANNIKKAL HOUSE, PAYYAPPADI MURI, PUTHUPPALLY VILLAGE, KOTTAYAM DISTRICT. 5. MOHANAN, S/O.RAMAKRISHNA PANICKER, GIRIJA BHAVAN, ATHIYANNOOR VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. 6. PREMAKUMARI, D/O.JYOTHIMATHI, MANALIVEL THALAKKAL VEETTIL, MANJAVILAKOM MURI, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY, TAXES (A) DEPARTMENT, GOVT.SECRETARIAT THIRUVANANTHAPURAM. WPC NO.6760/2010 2. THE COMMISSIONER OF EXCISE, EXCISE COMMISSIONERATE, PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM. 3. THE DEPUTY COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 4. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, THIRUVANANTHAPURAM. MS.K.R.DEEPA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2010, ALONG WITH WP(C) NO.6763/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) Nos.6760 (T) & 6763 (U) of 2010 --------------------------------- Dated, this the 3rd day of March, 2010 J U D G M E N T The petitioners in WP(C) No.6760/2010 were the licensees of toddy shops in Group No.II in Thiruvananthapuram Excise Range, for the abkari year 2009-10. CR Nos.100 & 101/2009 were registered, which led to cancellation of their licences by Ext.P6 order. 2. In so far as WP(C) No.6763/2010 is concerned, the petitioners were the licensees of toddy shops in Group No.IV in Thiruvananthapuram Excise Range, against whom C.R.No.99/2009 was registered. Accordingly, proceedings were initiated resulting in Ext.P6 order cancelling their licences. 3. These writ petitions have been filed by the aforesaid petitioners challenging Ext.P6 orders cancelling their licences. 4. WP(C) Nos. 28, 37 & 38/2010 were filed by identically situated licensees, whose licences were also cancelled. In those writ petitions also, as in this case, the contention raised was that since WP(C) Nos.6760 & 6763/2010 -2- prosecution pursuant to the registration of the crime has been stayed by the Apex Court, there cannot be cancellation of licences. This contention was considered and WP(C) Nos.28, 37 & 38/2010 were dismissed by this Court by judgment dated 01/02/2010. It is submitted that these judgments were confirmed by the Division Bench of this Court by dismissing W.A.Nos.229, 228 & 231/2010 respectively. In view of the aforesaid judgments, and as the issues raised in these writ petitions are identical, these writ petitions are only to be dismissed and I do so. (ANTONY DOMINIC, JUDGE) jg