IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 26TH DECEMBER 2008 / 5TH POUSHA 1930 WP(C).No. 38067 of 2008(F) -------------------------- PETITIONER(S): --------------- V.DEVADAS, AGED 41 YEARS, S/O.M.K.VELAYUDHAN (LATE), MANNATHU HOUSE, PAPPADY, AKATHETHARA, PALAKKAD DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, TAXES (A) DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 3. THE ASST.EXCISE COMMISSIONER, PALAKKAD. BY GOVT. PLEADER SRI. SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.38067 2008 ------------------------ Dated this the 26th day of December, 2008. JUDGMENT The petitioner is aggrieved by Ext.P3. The facts of the case are that the petitioner was allotted Toddy Shops in Group No.VI of Nemnara Excise Range in Palakkad Division for the Abkari year 2008-09. After completing all formalities, petitioner commenced his business and while so Ext.P1 show cause notice was issued by the 2nd respondent calling upon the petitioner, why the licenses shall not be cancelled on the allegation that the petitioner had suppressed that he was a government servant as on 26.03.2008, when he applied for allotment of the Toddy shops. 2. According to the petitioner without giving him an opportunity of hearing, the 3rd respondent passed Ext.P3 order cancelling the licence and that, as a result thereof, the shops have been closed. Aggrieved by Ext.P3, petitioner has filed Ext.P4 appeal before the 1st respondent along with Ext.P5 stay petition. In this writ petition, petitioner complains that orders are not been passed on Ext.P4 or Ext.P5 so far and that in the meanwhile on account of the closure of the Toddy Shop he deprived of his livelihood. WP(C).No.38067/2008 /2/ 3. Taking into account the aforesaid limited grievance of the petitioner, this writ petition is disposed of directing that if Ext.P4 has been received and is pending before the 1st respondent, Ext.P4 shall disposed of, with notice to the petitioner, as expeditiously as possible at any rate within 4 weeks of a production of a copy of this judgment along with a copy of this writ petition. (ANTONY DOMINIC) JUDGE vi/ WP(C).No.38067/2008 /2/