IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 WP(C).No. 3592 of 2008(C) -------------------------------------- PETITIONER(S): ------------------------- 1. SOMAN, S/O. GOVINDAN, PAPER MILL QUARTERS, P.P.M.NO.VII, PAPER MILL DESOM, PATHANAPURAM, PUNALUR, KOLLAM DISTRICT. 2. R.RADHAKRISHNA PILLAI, S/O.RAMACHANDRAN, KARIKKATHIL PUTHEN VEEDU, AMBALANIRAPPU DESOM, PANDITHITTA, THALAVOOR VILLAGE, PATHANAPURAM, KOLLAM DISTRICT. (LICENSEE T.S.NO.17,18,19,32 & 33 OF GROUP NO.V OF PATHANAPURAM EXCISE RANGE). 3. PRATHYUTH BHUTHASAYAN @ PRATHYUTH, S/O.JANARDHANAN, GEETHALAYAM VEEDU, NEDUMON DESOM, EZHAMKULAM VILLAGE, ADOOR, KOLLAM DISTRICT. 4. SURESH BABU, S/O. KUTTAN PILLAI, VISHNU BHAVANAM VEEDU, KALANJOOR DESOM, KALANJOOR VILLAGE, PATHANAPURAM, PUNALUR, KOLLAM. BY ADVS. MR.B.MOHANLAL, MR.SAIJU. S., MR.T.R.SUGUNAN. RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, TAXES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE, KERALA STATE, PUBLIC OFFICE BUILDING, MUSEUM, THIRUVANANTHAPURAM. 3. THE ASSISTANT EXCISE COMMISSIONER, EXCISE COMPLEX, CHINNAKKADA, KOLLAM. 4. THE EXCISE RANGE INSPECTOR, PATHANAPURAM, PUNALUR, KOLLAM DISTRICT. R1 TO R4 BY GOVERNMENT PLEADER MR. A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.3592/2008 C APPENDIX PETITIONER'S EXHIBITS: P1: COPY OFTHE CHEMICAL ANALYSIS REPORT NO.4455 DTD. 18/09/2007. P2: COPY OF THE CRIME AND OCCURRENCE REPORT NO.114/2007 OF PATHANAPURAM EXCISE RANGE SUBMITTED BY THE 4TH RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT III,PUNALUR. P2(A): COPY OF THE CRIME AND OCCURRENCE REPORT NO.116/2007 OF PATHANAPURAM EXCISE RANGE SUBMITTED BY THE 4TH RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT III, PUNALUR. P2(B): COPY OF THE CRIME AND OCCURRENCE REPORT NO.117/2007 OF PATHANAPURAM EXCISE RANGE SUBMITTED BY THE 4TH RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT III,PUNALUR. P3: COPY OF ADDITIONAL REPORT IN CRIME NO.114/2007 FILED BY THE 4TH RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT III, PUNALUR DTD. 21/11/2007. P3(A): COPY OF THE ADDITIONAL REPORT IN CRIME NO.116/2007 FILED BY THE 4TH RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT III, PUNALUR DTD. 21/11/2007. P3(B): COPY OF THE ADDITIONAL REPORT IN CRIME NO.117/2007 FILED BY THE 4TH RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT III, PUNALUR DTD. 21/11/2007. P4: COPY OF THE G.O.(P) NO.24/2007/TD DTD. 14/02/2007 IN SRO 144/2007. P5: COPY OF THE G.O.(P) NO.25/2007/TD DTD. 14/02/2007 IN SRO 145/2007. P6: COPY OF THE ORDER NO.XA7-27227/2007 DTD. 30/10/2007 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. P7: COPY OF THE ORDER IN WPC.NO.35091/2007 OF THIS HON' BLE COURT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.3592 of 2008-C = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 4th day of February, 2010. Judgment The issue raised by the petitioners in this writ petition is a challenge to the criminal proceedings initiated against them under the abkari law. The issue raised is as to the virus of Rule 2(n) of the Kerala Abkari Shops Disposal Rules, 2002. That issue has been answered against the petitioners, in Komalan v. State of Kerala, 2008(1) KLT 350. In so far as the other contentions are concerned, I do not deem it appropriate to visit the criminal proceedings in the jurisdiction under Article 226 or 227. The writ petition is hence dismissed without prejudice to the right of the petitioners to raise all contentions before the competent criminal court while defending the criminal proceedings. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/0802