IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WP(C).No. 3991 of 2009(A) PETITIONERS: 1. K.P.NATARAJAN, S/O.PADMANABHAN USHUS, VAYALAR PO, CHERTHALA. 2. GOPINATHA PANICKER, S/O.RAGHAVAN EDAKKULATH HOUSE, PATTANAKKADU PO, CHERTHALA. 3. MRS, RADHA BAHULEYAN, AGED 53 YEARS W/O.LATE BAHULEYAN, POZHITHARA, VETTAKKAL, PATTANAKKAD PO, CHERTHALA. 4. BENSMON, AGED 28 YEARS, S/O.LATE BAHULEYAN, POZHITHARA, VETTAKKAL, PATTANAKKAD PO, CHERTHALA. 5. BANEESH, AGED 25 YEARS, S/O.LATE BAHULEYAN, POZHITHARA, VETTAKKAL, PATTANAKKAD P.O., CHERTHALA. BY MR.C.C.THOMAS, SENIOR ADVOCATE ADV. MR.M.G.KARTHIKEYAN MR.NIREESH MATHEW RESPONDENTS: 1. STATE OF KERALA, REP. BY SECRETARY TAXES (A) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 3. THE ASST. EXCISE COMMISSIONER,ALAPPUZHA. 4. THE CIRCLE INSPECTOR OF EXCISE, CHERTHALA ALAPPUZHA DISTRICT. 5. KANAKAMMA, W/O.LATE V.K.SIVADASAN VALATHATTUVEETTIL, VAYALAR P.O.,CHERTHALA. 6. JAYANTHY, D/O. LATE V.K.SIVADASAN VALATHATTUVEETTIL, VAYALAR P.O.,CHERTHALA. ADV. MS. K.R. DEEPA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.3991 OF 2009 ---------------------------------------- Dated this the 6th day of February, 2009 JUDGMENT Petitioners 1 and 2 along with late one Sivadasan and late one Bahuleyan were the licencees of toddy shop Nos.95 to 99 in Group No.XVIII of Cherthala Excise Range for the abkari year 2007-2008. Sri. Sivadasan died on 9.5.2008. Respondents 5 and 6 are the legal heirs of late Sivadasan. They have given written consent to the Excise Department to the effect that they have no objection in petitioners 1 and 2 conducting the toddy shops along with Bahuleyan. Their request in that regard was rejected which rejection was challenged in W.P.(C) No.23875/08 in which interim orders have been passed and the same is pending. In the meanwhile, Sri. Bahuleyan died on 3.10.2008. Petitioners 3 to 5 are the legal heirs of late Bahuleyan. They nominated the 4th petitioner, son of Bahulayan as their nominee. The 4th petitioner filed Ext.P4 application before the 2nd respondent for endorsing the name of the 4th petitioner as the nominee of the legal heirs of late Bahuleyan in all the licences. W.P.(c)No.3991/09 2 The petitioners seek a direction to the 2nd respondent to consider and pass orders on Ext.P4 expeditiously. 2. I have heard the learned Government Pleader also. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 2nd respondent to consider and pass orders on Ext.P4 as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to a representative of the petitioners. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.3991/09 3