IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 WP(C).No. 6320 of 2009(H) ------------------------- PETITIONER(S): ------------------ T.VIJAYAN, S/O.THAMPI, VALIYAMADAM HOUSE, KOTTATHALA DESOM, MYLAM VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TAXES (A) DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 3. THE DEPUTY COMMISSIONER OF EXCISE, KOLLAM. 4. THE CIRCLE INSPECTOR OF EXCISE, KOTTARAKKARA, KOLLAM DISTRICT. GOVERNMENT PLEADER MS. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.6320 OF 2009 ---------------------------------------- Dated this the 4th day of March, 2009 JUDGMENT By Ext.P4, the petitioner's licence to run toddy shops in Group No.III of Kottarakkara Excise Range has been suspended and the petitioner has been directed to show cause why the petitioner's licence should not be cancelled for the reasons stated therein. The petitioner challenges the suspension itself submitting that the reasons stated therein are totally unsustainable. The petitioner also submits that if this Court is not inclined to consider the challenge against the suspension on merits, at least the 2nd respondent may be directed to pass final orders pursuant to Ext.P4 before the allotment of shops for the next year commences. 2. I have heard the learned Government Pleader appearing on behalf of the respondents. The learned Government Pleader submits that the delay is only because the chemical analysis report has not yet been received. Whatever that be, having issued Ext.P4 on 18.2.2009 to which the W.P.(c)No.6320/09 2 petitioner has already submitted Ext.P5, the 2nd respondent has a duty to conclude the proceedings as expeditiously as possible. In the above circumstances, this writ petition is disposed of with a direction to the 2nd respondent to pass final orders pursuant to Ext.P4, after affording the petitioner an opportunity of being heard as expeditiously as possible, at any rate, before 29.3.2009. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.6320/09 3