IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 WP(C).No. 8061 of 2011(G) ---------------------------------- PETITIONER: ------------------- RAMAKRISHNA KURUP, AGED 56 YEARS, S/O.KUNJAN PILLAI (LATE), THEKKUMMURIYIL HOUSE, CHAVARA P.O., KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADVS. SRI.C.C.THOMAS, SENIOR ADVOCATE SRI.NIREESH MATHEW SRI.M.G.KARTHIKEYAN RESPONDENTS: ---------------------- 1. STATE OF KERALA REP. BY SECRETARY, TAXES (A) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2. THE COMMISSIONER OF EXCISE, EXCISE COMMISSIONERATE, THIRUVANANTHAPURAM-695 001 3. THE DEPUTY COMMISSIONER OF EXCISE, KOLLAM 691 001 4. THE CIRCLE INSPECTOR OF EXCISE, KUNNATHOOR, KOLLAM DISTRICT- 690 540. 5. THE EXCISE RANGE OFFICE, EXCISE RANGE OFFICE, SASTHAMCOTTA, KOLLAM DISTRICT-690 521. R1 BY GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2011, ALONG WITH W.P(C) NO. 8099 OF 2011 AND CONNECTED CASE, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No.8061, 8099 & 8112 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of March, 2011 J U D G M E N T The petitioners were running licenced toddy shops in Group No.I in Sasthamcotta excise range in Kollam Division. These writ petitions have been filed, challenging Ext.P5 in these writ petitions whereby, the licence and privilege issued to concerned shops were cancelled and the rent deposited by them were forfeited under Section 26(b) of the Abkari Act read with Rule 5(19) and 7(31) of the Kerala Abkari Shops Disposal Rules, 2002. 2. When this matter is taken up for consideration today, the learned Government Pleader made available a copy of Order No.XA7-30835/2010 dated 17.03.2011 issued by the Commissioner of Excise, Kerala, Thiruvananthapuram. It would reveal that the impugned orders in these writ petitons referred to as Item No.2 to 5 in the said order dated 17.3.2011 were withdrawn and the concerned licensees, the petitioners herein are given permission to reopen the toddy shops until a decision is taken in this matter by the Excise Commissioner, in terms of Ext.P2 judgment. This is recorded and accordingly, these writ petitions are closed. C.T.RAVIKUMAR, JUDGE KRK