IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 WP(C).No. 22020 of 2008(U) -------------------------- PETITIONERS: ---------------- 1. BAHULEYAN S/O.PADMANABHAN, POZHITHARA, VETTAKKAL, PATTANAKKAD P.O., CHERTHALA. 2. K.P.NATARAJAN, S/O.PADMANABHAN, USHUS, VAYALAR P.O., CHERTHALA. 3. GOPINATHA PANIKER, S/O.RAGHAVAN, EDAKKULATH HOUSE, PATTANAKKADU P.O., CHERTHALA. BY ADV. SRI.A.N.RAJAN BABU SRI.P.GOPALAKRISHNAN (MVA) SRI.A.R.EASWAR LAL RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TAXES, GOVERNMENT OF KERALA, TRIVANDRUM. 2. THE EXCISE COMMISSIONER, KERALA, THIRUVANANTHAPURAM. 3. ASSISTANT EXCISE COMMISSIONER, ALAPPUZHA. 4. KANAKAMMA, W/O.DECEASED V.K.SIVADASAN, VALATHATTUVEETTIL, VAYALAR P.O., CHERTHALA. 5. JAYANTHY, D/O.DECEASED V.K.SIVADASAN, VALATHATTUVEETTIL, VAYALAR P.O.CHERTHALA. BY GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 22020 OF 2008 U ==================== Dated this the 24th day of July, 2008 J U D G M E N T Petitioners along with one Sri.Sivadasan were the joint licencees of toddy shop Nos. 95 to 99/2008-09 of Group No.18 of Cherthala Excise Range. Ext.P1 series are the licences. One of the co-licencee viz. Sri.Sivadasan expired on 9/5/2008 and it is stated that by Ext.P5 dated 8/7/08, the surviving co-licencees have applied for renewal of the licence in their favour. It is stated that the legal heirs of the deceased Sivadasan, respondents 4 and 5, have relinquished their rights in the toddy shops as per Ext.P2 and that this document also has been produced along with Ext.P5. According to the petitioners while Ext.P5 is pending consideration of the 2nd respondent, despite their entitlement to get the licence renewed in their favour, by issuing Ext.P6, the 3rd respondent has directed closure of their shops. It is in this background the writ petition has been filed. Learned counsel for the petitioners prays that the 2nd respondent may be directed to pass orders on Ext.P5, permitting them to run the shop in the meanwhile. 2. Learned Government Pleader on instruction opposes the WPC 22020/08 :2 : prayer and contends that there is non compliance of Rule 5(18) of the Kerala Abkari Shops Disposal Rules, 2002. This stand of the learned Government Pleader is sought to be contradicted by the counsel for the petitioners contending that the applicability of the aforesaid provision is confined to the legal heirs and not to co-licencees as in this case. Be that as it may, since this is primarily a matter for the 2nd respondent to consider, I do not think a further probe into this controversy is warranted atleast at this stage and what is appropriate is to direct that an expeditious decision be taken by the 2nd respondent on Ext.P5. 3. Accordingly, I direct that the 2nd respondent, before whom Ext.P5 has been filed by the petitioners, shall take a final decision in this matter on the production of a copy of this judgment, at any rate within 10 days thereafter. I also direct that if the petitioners make any supplementary representation to support their claim, that will also be taken note of while orders are passed as above. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp