IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 WP(C).No. 9110 of 2011(K) ------------------------------- PETITIONERS: -------------------- 1. SETHUNADH, AGED 26 YEARS, S/O.PRABHAKARAN (LATE), MOOLAMKUZHICHIRAYIL HOUSE, THYKKATTUSSERY P.O., CHERTHALA, ALAPPUZHA DISTRICT. 2. RAJEESH, S/O.RAGHAVAN (LATE) KOTTAMPARAMBILCHIRAYIL HOUSE, THYKKATTUSSERY P.O., CHERTHALA, ALAPPUZHA DISTRICT. BY ADVS. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENTS: ---------------------- 1. STATE OF KERALA, REP.BY SECRETARY, TAXES (A) DEPARTMENT, GOVT.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, CHERTHALA, ALAPPUZHA DISTRICT- 688 007. 5. THE CHIEF ELECTORAL OFFICER (KERALA) THIRUVANANTHAPURAM- 695 001. R1 TO R4 BY GOVERNMENT PLEADER SMT.K.R.DEEPA R5 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC, ELE.COMMN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2011, ALONG WITH W.P(C) NO.9144 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - W.P(C) Nos.9110 & 9144 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of March, 2011 J U D G M E N T The petitioners in the former writ petition are holders of licenses in respect of toddy shops No.54 to 58 in Group No.X under Cherthala Excise Range, and, in the latter writ petition, they are the grantee of licenses in respect of shop No.25 to 29 in Group No.V under Cherthala Excise Range. Admittedly, in respect of the said shops, resale was conducted and the allotment was confirmed under Rule 5(15) of the Kerala Abkari Shops Disposal Rules, 2002(for short, 'the Rules'). Evidently, in both these cases, it was confirmed as early as on 05.03.2011 and the said fact was also intimated to the concerned petitioners as per Exhibit P1 dated 07.03.2011. As per Exhibit P1 in both the writ petitions, the petitioners were directed to take appropriate steps for the purpose of conducting the shops in terms of the provisions under the Rules and, pursuant to which they have applied for issuance of licenses along with along with all necessary documents including the requisite consent from the respective landlords. Exhibits P2 to P6 are W.P.(C) Nos.9110 & 9144 of 2011 -2- applications and other documents submitted by the petitioner in both these writ petitions. The resale was confirmed in these cases under Rule 5 of the Rules and it was alloted in the name of the petitioners and, therefore, what remains to be done is only the grant of licenses and for which, evidently, the petitioners have already submitted applications, as evidenced by Exhibits P2 to P6. 2. I have heard the learned counsel for the petitioners, learned Government Pleader and the learned standing counsel for the 5th respondent. In such circumstances, I am at a loss to understand under what circumstances, prompted the Excise Commissioner to seek permission of the Election Commission, as can be seen from Exhibit P7. 3. Evidently, the case on hand is not one pertains to issuance of fresh licenses. The resale was effected and confirmed by invoking provisions under Rule 5(15) of the Rules. As already noticed herein before, in view of the said position the issuance of licenses applied for, in the prescribed form alone is remaining to be done. Evidently, the Election Commission has also not issued any orders interfering with or interdicting from the performance of quasi-judicial functions. When that W.P.(C) Nos.9110 & 9144 of 2011 -3- be the position, there was no necessity for the Excise Commissioner to address the Election Commissioner, the 5th respondent herein, in matters like the one presently involved in the case on hand. The learned counsel for the Election Commission would submit that there was no reason for getting or seeking permission of the Election Commission in such matters. Consequently, this writ petitions are disposed of with a direction to the respondents 2 to 4 to take expeditious steps for the purpose of granting licenses in the light of Exhibits P2 to P6, submitted by the petitioners. If the petitioners are otherwise entitled to the grant of licenses based on Exhibits P2 to P6, it shall be considered and the licenses shall be issued expeditiously, at any rate on or before 30.03.2011. C.T.RAVIKUMAR, JUDGE KRK