IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 WP(C).No. 25785 of 2009(P) -------------------------- PETITIONER(S): --------------- LALU C.K., S/O.KESAVAN, AGED 41 YEARS, CHERAI HOUSE, NELLAYI, THRISSUR-680 305. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK SRI.K.S.SALEESH RESPONDENT(S): --------------- 1. THE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 2. THE DEPUTY EXCISE COMMISSIONER, THRISSUR. 3. THE CIRCLE INSPECTOR OF EXCISE, IRINJALAKUDA, THRISSUR DISTRICT. 4. E.P.SOMAN, PAZHANI AANDI, IDIYANPETTA HOUSE, NENMARA VILLAGE, PALAKKAD DISTRICT. R1 TO R3 BY GOVT. PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.25785 OF 2009 ------------------------------------------- Dated this the 14th day of September, 2009 JUDGMENT The petitioner objects to the grant of licence to house a toddy shop in a particular premises. The licensee, 4th respondent, has suffered an order at the hands of the Commissioner in an earlier round. That order, Ext.P5, was set aside by this Court. By re-consideration, the matter has been concluded by the Deputy Commissioner as per the impugned order, holding that licence can be granted to house the toddy shop in the premises in question. The ultimate statutory authority to decide on such matters is the Commissioner. The revisional and appellate jurisdiction of the Commissioner in such matters, need not be bypassed to entertain writ petitions; not only because the matter refers to abkari, an area where the Government have the absolute privilege subject to the statutory provisions, but also for the reason that the Commissioner is well within jurisdiction to call for further materials and look into the WPC.25785/09 Page numbers ground realities and decide on any dispute as to the choice of the site for the toddy shop. For the aforesaid reasons, dispensing with notice to the respondents, preserving their right for re-hearing of this writ petition if aggrieved, it is ordered that if the petitioner moves the Commissioner against the impugned order, the said authority will look into the petitioner's objections, hear the licensee also and issue necessary decision in accordance with law. Let the needful be done within a period of 45 days from the date of receipt of a copy of this judgment and a copy of the representation as aforesaid. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.14/9.