IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 WP(C).No. 37813 of 2007(B) -------------------------------------- PETITIONER(S): --------------------- 1. JOSEPH PAILY, S/O.PAILY, AGED 68 YEARS, KALAPPURAYIL HOUSE, THODUPUZHA VILLAGE, THODUPUZHA MUNICIPALITY , PERUMPILLICHIRA P.O., PIN 685 605. 2. JAMES JOSE, S/O.JOSEPH, AGED 46 YEARS, KOTTARATHIL HOUSE, THODUPUZHA VILLAGE, THODUPUZHA MUNICIPALITY , PERUMPILLICHIRA P.O., PIN 685 605. BY ADV. MR.C.M.TOMY MR.MATHEW SKARIA RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, IDUKKI. 2. THE ASST. EXCISE COMMISSIONER, THODUPUZHA, PIN 685 584. 3. THE SECRETARY, THODUPUZHA MUNICIPALITY, MUNICIPAL OFFICE, THODUPUZHA, PIN 685 584. 4. THE SECRETARY, KUMARAMANGALAM GRAMA PANCHAYAT, KUMARAMANGALAM, THODUPUZHA, IDUKKI DISTRICT, PIN 685 587. 5. K.S. SASI, KOCHUPURACKAL HOUSE, HOUSE NOS. 156 & 157, WARD NO. XX, THODUPUZHA MUNICIPALITY, PERUMPILLICHIRA P.O., PIN 685 605. 6. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF EXCISE, SECRETARIAT, THIRUVANANTHAPURAM, PIN 685 605. WP(C).No. 37813 of 2007(B) ADDL. 7. K.S. ARUNKUMAR, S/O.SUKUMARAN, LICENCEEE OF TODDY SHOP NO.60/07-08, LICENCEE NO.41/07-08, HOUSE NOS.156 & 157, WARD NO.XX, THODUPUZHA MUNICIPALITY, PERUMPILLICHIRA P.O., PIN-685 605. R6 BY GOVERNMENT PLEADER R3 BY ADV. MR.P.K.SOYUZ,THODUPUZHA MUNICIPALITY R5 BY ADV. MR.P.V.ELIAS, MR.MURALI MANOHAR.R. R4 BY ADV. DR.K.P.SATHEESAN, MR.K.K.GOPINATHAN NAIR, MR.M.R.JAYAPRASAD, MR.P.MOHANDAS (ERNAKULAM). ADDL. R7 BY ADV. MR.RENJITH B.MARAR, MR.L.RAJESH NARAYAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 37813 of 2007(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER NO.I.D.2-2329/07 DATED 28/05/2007 ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER. EXT.P2: COPY OF THE REPRESENTATION DATEED 22/04/2007 SUBMITTED BY THE RESIDENTS OF KALLUMARI, PERUMPILLICHIRA BEFORE THE 2ND RESPONDENT. EXT.P3: COPY OF THE REPRESENTATION DATED 28/04/2007 SUBMITTED BY THE 2ND PETITIONER AND 2 OTHERS BEFORE THE EXCISE CIRCLE INSPECTOR, THODUPUZHA. EXT.P4: COPY OF THE REQUEST DATED 25/04/2007 SUBMITTED BY THE 2ND PETITIONER AND OTHERS BEFORE THE 4TH RESPONDENT. EXT.P5: COPY OF THE REQUEST SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P6: COPY OF THE REPRESENTATION DATED 18/06/2007 SUBMITED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P7: COPY OF THE LETTER DATED 24/09/2007 ISSUED BY THE VILLAGE OFFICER, KUMARAMANGALAM TO THE 2ND PETITIONER. EXT.P8: COPY OF THE LETTER DATED 29/11/2007 ISSUED BY THE 4TH RESPONDENT TO THE 2ND PETITIONER. EXT.P9: COPY OF THE LETTER DATED 11/06/2007 ISSUED BY THE 3RD RESPONDENT TO PAREETH. EXT.P10: COPY OF THE LETTERS DATED 03/12/2007 ISSUED BY THE 3RD RESPONDENT TO PAREETH. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.37813 of 2007-B = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 17th day of August, 2009. JUDGMENT Following the fact that the Municipality had refused to issue a D & O licence, this Court issued an order on 13.3.2008 that toddy shop T.S.60/07-08 shall not be conducted until further orders. With the passage of time, the private respondents have ceased to be the licensees of the shop and no shop is being conducted in the room in question. Recording these two fact situations, this writ petition is ordered directing that no toddy shop shall be permitted to function in the room in question without D & O licence from the municipality. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/070909