IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 WP(C).No. 9731 of 2010(N) ------------------------- PETITIONER(S): ----------------------- BAIJU, AGED 29 YEARS, S/O.SHEELAS, PONKUNNIL HOUSE, THOZHITHINKARA, MANICKAL, NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.C.C.THOMAS, SENIOR ADVOCATE SRI.M.G.KARTHIKEYAN RESPONDENT(S): ------------------------ 1. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 2. THE DEPUTY COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 3. THE C.I.OF EXCISE, THIRUVANANTHAPURAM. 4. SRI.ANIL KUMAR, COUNCILLOR, PETTA WARD, CORPORATION OF THIRUVANANTHAPURAM. GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 9731 OF 2010 (N) ===================== Dated this the 29th day of March, 2010 J U D G M E N T Challenge in the writ petition is against Ext.P1 order dated 8.3.2010 passed by the 1st respondent directing shifting of TS No.15/09-10, Kannamoola in Thiruvananthapuram Excise Range. The main complaint of the petitioner is that the said order was passed without notice or hearing him, and that therefore, his contention is that the order has been passed in violation of the principles of natural justice. 2. Having gone through Ext.P1 and also on hearing the learned Government Pleader on behalf of the respondents, I am inclined to agree with the learned counsel for the petitioner. 3. Therefore, I dispose of this writ petition with the following directions: (1) That Ext.P1 order will be treated as a notice to the petitioner. (2) Having regard to the complaint of the petitioner that he has not been furnished copy of the complaint on the basis of which Ext.P1 has been issued, it is directed that on the production WPC No. 9731/10 :2 : of a copy of this judgment, the 1st respondent shall furnish the petitioner a copy of the complaint referred in Ext.P1. (3) It will be open to the petitioner to file his reply to Ext.P1 within one week of receipt of a copy of the complaint relied on against him. (4) It is directed that once the petitioner files his reply to Ext.P1 as above, notice will be issued, he will be heard and fresh orders in the matter will be passed by the 1st respondent within four weeks of the filing of his reply. (5) It is directed that until orders are passed as above, status quo as on today, in so far as the toddy shop in question shall be maintained. ANTONY DOMINIC, JUDGE Rp