IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 WP(C).No. 31352 of 2006(G) -------------------------- PETITIONERS: --------------- 1. RAVEENDRAN, AGED 35 YEARS, S/O.BHASKARAN, KADANTHARA, MOOTHEDATH KAVU, VAIKOM TALUK, KOTTAYAM DISTRICT. 2. AMBILY, AGED 41 YEARS, W/O.MOHANDAS, CHATHANKARI, MOOTHEDATH KAVU, VAIKOM, KOTTAYAM DISTRICT. 3. VISWAMBHARAN, AGED 60 YEARS, S/O.KRISHNANKUTTY, VISWA BHAVANAM, MOOTHEDATH KAVU, VAIKOM, KOTTAYAM DISTRICT. BY ADV. SRI.B.RAJEEV KOYICKAL SRI.G.ANANTHANARAYANAN SMT.P.I.SHAMLATH RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXCISE COMMISSIONER, KOTTAYAM. 3. THE EXCISE COMMISSIONER, STATE OF KERALA, THIRUVANANTHAPURAM. 4. P.G.RAJU, S/O.GOPALAN, KARUVELIL VILLAGE, PADINJAREKARA P.O., VAIKOM TALUK, KOTTAYAM DISTRICT. WPC 31352/06 -2- 5. K.P.SHAJI, S/O.PARAMESWARAN, KOLLERIL HOUSE VADAKKEMURI VILLAGE, VAIKOM TALUK KOTTAYAM DISTRICT 6. K.S.SIVANANDAN, S/O.SUKUMARAN MOOSARIYIL HOUSE, PALLIPURATHUSSERY KARA VAIKOM VILLAGE, VAIKOM TALUK KOTTAYAM DISTRICT (ADDL.R5 AND R6 IMPLEADED AS PER ORDER DATED 19.11.2008 IN IA NO.14267/08) ADV. SRI.K.REGHU KOTTAPPURAM FOR R4 SMT.URSULA FRANCIS FOR R4 SRI.T.A.SHAJI FOR R5-6 SMT.S.SHEEJA KUMARY(AYOOR) FOR R5-6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 31352/06 APPENDIX PETITIONERS' EXHIBITS : EXT.P1 TRUE COPY OF JUDGMENT OF THIS COURT IN WPC 26033/03 EXT.P2 TRUE COPY OF THE ORDER PASSED BY THE ASST.COMMISSIONER DT.13.4.2005 EXT.P3 TRUE COPY OF THE JUDGMENT IN WPC 13509/05 DT.25.5.2005 EXT.P4 TRUE COPY OF THE ORDER OF THE EXCISE COMMISSIONER, TVM DT.6.6.2005 EXT.P5 TRUE COPY OF THE JUDGMENT IN WPC 18282/05 DT.5.8.2005 EXT.P6 TRUE COPY OF THE II JUDGMENT OF THIS COURT I WA 2127/05 DT.23.11.2005 EXT.P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE ACTION COUNCIL AND THE LOCAL PEOPLE TO THE SP OF KOTTAYAM, DISTRICT COLLECTOR, CHIEF MINISTER OF STATE AND THE OPPOSITION LEADER EXT.P8 TRUE COPY OF THE PAPER REPORT IN MALAYALA MANORAMA DAILY (i) DATED 16.11.2006 EXT.P8 TRUE COPY OF THE PAPER REPORT IN MATHRUBHOOMI DAILY DT.7.11.2006 (ii) EXT.P8 TRUE COPY FO THE PAPER REPORT IN MANGALAM DAILY DT.17.11.2006 (iii) RESPONDENTS' EXHIBITS : EXT.R4(1) TRUE COPY OF LETTER NO.K5/3334/06 DT.12.9.2006 EXT.R4(2) TRUE COPY OF ORDER NO.XA-6-26364/04 DT.20.10.2006 EXT.R4(3) TRUE COPY OF ORDER NO.K5-3334/06 EXT.R4(4) TRUE COPY OF FIRST AND LAST PAGES OF LICENCE NO.36/07-08 EXT.R4(5) TRUE COPY OF 1ST AND LAST PAGES OF LICENCE NO.81/08-09 EXT.R4(6) TRUE COPY OF RELEVANT PORTION OF ORDER NO.GO(MS) NO.38/2008 TD DT.29.2.2008 TRUE COPY PA TO JUDGE THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.31352 OF 2006 ------------------------------------------- Dated this the 9th day of November, 2009 JUDGMENT This case relates to toddy shop No.38/04-05 in Moothedathukavu in vaikom Taluk. During that abkari year, disputes arose regarding the site on which the shop can operate. That led to Ext.P4. The Excise Commissioner thereby ordered shifting of the shop in a particular manner. That decision was upheld by this court overruling the challenge of the licensees, viz., the private respondents herein. Later, even during the current abkari year, licence is issued for the said shop. The shop had licence even during the immediately preceding abkari years also. The question of site on which the shop could function after Ext.P4 is to be regulated taking into consideration Ext.P4 also. This is a matter that the Assistant Excise Commissioner has to consider in the light of all relevant materials, including Ext.P4 and the judgment of this Court confirming Ext.P4. The issues decided thereby relate only to site. Therefore, under changed WPC.31352/06 2 facts and circumstances, all issues will have to be considered. This will include request of the petitioners that the shop has to be shifted from its present site, to which there is objection from the licensees. Leaving all such issues open for consideration of the statutory authorities, the Assistant Excise Commissioner is directed to hear the parties and if needed, sent up a report to the Commissioner of Excise to issue final orders in accordance with law. No orders shall be issued without hearing the licensees and the petitioners. A decision in this regard will be issued at the earliest, at any rate, before the end of the current abkari year. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.11/11.