IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933 WP(C).No. 9327 of 2011(M) --------------------------------- PETITIONER(S): ------------------- SYAMKUMAR, S/O. KARTHIKEYAN, KOYIPPURATH HOUSE, KURICHI.P.O., CHANGANASSERY, KOTTAYAM DISTRICT. BY ADVS. SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENT(S): -------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF TAXES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE COMMISSIONER OF EXCISE, EXCISE COMMISSIONERATE, THIRUVANANTHAPURAM-695 001. 3. THE DEPUTY COMMISSIONER OF EXCISE, ALAPPUZHA - 688 001. 4. THE CIRCLE INSPECTOR OF EXCISE, KUTTANADU EXCISE RANGE, ALAPUZHA - 688 001. 5. THE DISTRICT COLLECTOR, ALAPPUZHA - 688 001. R1 TO R5 BY GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2011, ALONG WITH WPC.NO.9332/2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NOs. 9327 & 9332 OF 2011 -------------------------------------------- Dated this the 25th day of March, 2011 JUDGMENT Since common issues involve in these Writ Petitions, they were heard jointly and are disposed of by this common judgment. 2. Admittedly, in both these Writ Petitions, the re-sale of the toddy shops in question were confirmed in favour of the petitioners by the Commissioner of Excise by invoking the powers under Rule 5(15) of the Kerala Abkari Shops (Disposal) Rules, 2002 (for short 'the Rules'). The said fact is evident from Ext.P3 produced in both these Writ Petitions. It would reveal that the sale was confirmed on 5.3.2011 and the said fact was communicated to the petitioners as per notice dated 7.3.2011. Going by the provisions, on getting confirmation of sale by the Commissioner of Excise, the grantee has to submit appropriate application for licence. Evidently, the petitioners have submitted requisite applications for licence in the prescribed form before the third respondent and according to the petitioners, they have complied with all the statutory formalities, as well. In the said circumstances, what remains is only the issuance of the W.P.(C) Nos.9327 & 9332/2010 2 licences. I am of the considered view that when that be the position, in the light of Section 18 A of the Abkari Act and Rule 5(15) of the Rules and in the light of Ext.P3, the respondents are bound to take appropriate action for issuance of licence in case the petitioners have submitted appropriate applications for licence and if they have complied with all the statutory formalities. Therefore, these Writ Petitions are disposed of with a direction to the respondents to issue requisite licence to the petitioners, in the light of Ext.P3 in case the petitioners have complied with all the statutory formalities, in accordance with law. This shall be done expeditiously, at any rate, on or before 31.3.2011. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) Nos.9327 & 9332/2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) Nos.9327 & 9332/2010 4