IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 WP(C).No. 23973 of 2011(V) ---------------------------------- PETITIONER(S): ------------------- MATHEW KURIAN, AGED 55 YEARS, S/O.KURIAN (LATE), THEKKEDATH HOUSE, MUKKUDAM P.O. IDUKKI DISTRICT. BY ADVS. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENT(S): -------------------- 1. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM - 695 001. 2. THE DEPUTY COMMISSIONER OF EXCISE, (IDUKKI), OFFICE AT THODUPUZHA - 685 584. 3. THE CIRCLE INSPECTOR OF EXCISE, EXCISE CIRCLE OFFICE, UDUMBANCHOLA, IDUKKI DISTRICT - 685 554. BY GOVT. PLEADER SRI. S. ABDUL SALAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 23973/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPLICATION DATED 29/08/2011 SUBMITTED BEFORE THE 3RD RESPONDENT. P2: COPY OF THE CRIME AND OCCURRENCE REPORT IN CR.NO.23/2011 REGISTERED BY THE EXCISE INSPECTOR, THANKAMANI. P3: COPY OF THE LETTER DATED 29/08/2011 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. P4: COPY OF THE LETTER DATED 30/08/2011 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT. P: COPY OF THE LETTER DATED 31/08/2011 SENT TO THE 1ST RESPONDENT BY REGISTERED POST WITH A/D AND HANDED OVER TO RESPONDENTS 3 AND 4. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 23973 of 2011 --------------------------------------- Dated this the 5th day of September 2011. JUDGMENT The writ petition is filed for a declaration that the petitioner is entitled to get extension of licenses of all the toddy shops in Group No. VI in Thankamani excise range in Idukki Division as per Ext.P1 application from 1.9.2011 to 30.9.2011 and for other incidental reliefs. 2. Petitioner and Sri. Joshi Mani are the joint licensees of the toddy shops in Group No. VI in Thankamani excise range Idukki Division. The licenses are renewed in the previous years on preferential basis till 31.3.2011. Again licenses was renewed and extended till 31.8.2011. It is stated that the licenses of all other toddy shops functional as on 31.8.2011 were extended till 30.9.2011. Petitioner applied for extension vide Ext.P1 application. Sri. Joshi Mani did not apply for extension since he was implicated in a case. Petitioner submits that his application was recommended by 3rd respondent vide Ext.P3. Since extension was not granted, petitioner W.P.(C) No.23973/2011 2 submitted Ext.P5 representation before the first respondent and the same is pending consideration. The grievance of the petitioner is that no orders have been passed till date on Ext.P5 representation. Therefore, petitioner submits that a direction may be issued to the first respondent to hear and dispose of Ext.P5 at an early date. 3. In view of the fact that extension applied is for the period from 1.9.2011 to 30.9.2011, a direction is issued to the first respondent to consider and pass appropriate orders on Ext.P5 representation expeditiously, at any rate within a period of one week from the date of receipt of a copy of this judgment after affording an opportunity of being heard to the petitioner. The writ petition is disposed of as above. HARUN-UL-RASHID JUDGE al