IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 WP(C).No. 21227 of 2010(C) ---------------------------------- PETITIONER(S): ------------------- 1. SRI.V.BABU, S/O.VASU, 654 LAKSHAMVEEDU COLONY, THEKKEKKARA, KANAVELLY P.O.,KOLLAM. 2. SRI.SRINIVASAN, S/O. KARUTHAKUNJU, S.J. NIVAS, CHEMMAKKAD, PANAYAM, KOLLAM. BY ADV. SRI.M.K.CHANDRAMOHAN DAS RESPONDENT(S): -------------------- 1. THE STATE OF KERALA(THROUGH) THE SECRETARY,MINISTRY OF EXCISE, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM 3. THE DEPUTY COMMISSIONER OF EXCISE, KOLLAM. 4. THE CIRCLE INSPECTOR OF EXCISE, KOLLAM. R1 TO R4 BY GOVT.PLEADER SRI.K.V.MANOJ KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 21227/2010(C) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF LICENSEES OF THE TODDY SHOP NO.33/2010-11. P2: COPY OF THE RECEIPT RECEIVED FROM THE HARDWARE SHOP. P3: COPY OF THE MAHAZER AND CRIME AND OCCURRENCE REPORT. RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE svs P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.21227 of 2010 ------------------------------- Dated this the 6th day of December, 2010 J U D G M E N T The petitioners are joint licensees of Toddy shop No.33 in Group 7 of Kollam Range. The Commissioner of Excise along his subordinate officers inspected the said toddy shop on 3.7.2010 and took samples of a liquid stored in bottles and in plastic cans. This writ petition was thereupon filed on 6.7.2010 seeking a direction to the respondents to complete the chemical examination of the samples taken within a time limit not exceeding 10 days and to refrain from closing the shop or suspending the licence till the report of chemical analysis is received. 2. When the writ petition came up for hearing today, the learned Government Pleader, on instructions, submitted that the report of analysis has been received on 1.11.2010 and that as per the report of analysis, grounds exist to proceed further against the petitioners. He also submitted that a copy of the report of analysis will be furnished to the petitioners at the earliest. In the light of the said submission and having regard to the fact that the report of chemical analysis has been obtained, I find no grounds to keep the writ petition pending. It is accordingly closed reserving liberty with the respondents to proceed further on the basis W.P.(C) No.21227 of 2010 2 of the report of analysis and reserving liberty with the petitioners to defend the action, if any, taken against them based on the report of the analysis. P.N. RAVINDRAN, JUDGE. nj.