IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 15TH APRIL 2009 / 25TH CHAITHRA 1931 WP(C).No. 11166 of 2009(M) --------------------------------- PETITIONERS: --------------------- 1. R.ANDREWS, THOTTATHIL HOUSE, DISTRICT COURT P.O., ALAPPUZHA. 2. C.K.MADHAVAN, CHIRAYIL HOUSE, CHETTIKADU, PATHIRAPPILY P.O., AMBALAPPUZHA, ALAPPUZHA. 3. U.S.SAJIKUMAR, KATTIKKATTU VELI HOUSE, KANNANGARA P.O., CHERTHALA, ALAPPUZHA. BY ADV. SRI.A.SUDHI VASUDEVAN SMT. K. PUSHPAVATHI RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT TAXES (G) DEPARTMENT TRIVANDRUM. 2. EXCISE COMMISSIONERAT, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 3. DEPUTY COMMISSIONER OF EXCISE, ALAPPUZHA 4. P.R.RAJIMON, S/O.RAJU, PANAYIL HOUSE, PONNADU P.O., MANNANCHERY VILLAGE, AMBALAPPUZHA TALUK, ALAPPUZHA. 5. SHAJI, S/O.KARUNAKARAN, MUZANGAYIL HOUSE, PATHIRAPALLI, AMBALAPUZHA, ALAPPUZHA. SMT. M.R. SREELATHA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO.11166 OF 2009 () ===================== Dated this the 15th day of April, 2009 J U D G M E N T Petitioners and respondents 4 and 5 are the licensees of the Toddy Shops covered by Exts.P1 to P12, the licenses issued in respect of the toddy shop Nos.6,7,8,10,11,12 and 80 of Group II of Alappuzha Range and Toddy Shop Nos.35,36,37,38,39 of Group VIII of Alappuzha Range for the abkari year 2008-09. It is stated that, by Ext.P13 notification issued by the first respondent, the period of licenses have been ordered to be extended for 3 months in view of the parliamentary elections. 2. According to the petitioners, respondents 4 and 5, who are the co-licensees along with the petitioners, were not interested in continuing licences beyond 31.3.2009. It is stated that in view of Ext.P13 referred to above, petitioners have filed Exts.P14 and P15 applications to the 3rd respondent requesting for extension of the licence period by 3 months. However a decision on the applications has not been taken for the reason that the applications have not been signed by respondents 4 and 5. Counsel for the petitioner submits that in identical circumstances, WPC.No.11166 /09 :2 : WP(c).No.10302/09 was filed by the licensees of certain toddy shops of Nooranad Village and that this court by Ext.P17 order directed renewal of the licenses. It is stated that in identical circumstances, this court having passed the aforesaid order, the petitioners are entitled to similar treatment. 3. On the other hand, the learned Government Pleader on instructions submits that Exts.P14 and P15 applications have been placed before the first respondent for orders and that orders on the applications will be passed within the shortest possible time. 4. As already stated Ext.P13 order directs extension of the licence period by 3 months and petitioners and respondents 4 and 5 being the licensees of the shop covered by Exts.P1 to P12 licensees are eligible to have the licence period extended. However since respondents 4 and 5, who were not interested in continuing the licence beyond 31.3.2009, have not signed the applications and that according to the petitioners, is the reason for not passing orders on Exts.P14 and P15. If as stated by the petitioner, in identical circumstances this court has passed Ext.P17 order directing renewal of the licenses, I see no reason why a different standard should be adopted in the case of the petitioner. WPC.No.11166 /09 :3 : 5. However, taking into account the submission of the Government Pleader that the matter is pending before the first respondent, I dispose of this writ petition with the following directions,. 6. That the first respondent shall within 2 weeks from the date of production of a copy of this judgment pass orders on Ext.P14 and P15 applications made by the petitioners seeking extension of the period of Exts.P1 to P12 licences. While considering the applications, the first respondent shall take note of Ext.P17 order passed by this court. 7. It is directed that in the meanwhile, the petitioners will be permitted to run the shops, covered by Exts.P1 to P12 licenses, subject to the condition that If any default is committed, the entire responsibility for the same will be that of the petitioners and they alone shall be liable for its consequences. Petitioner shall produce a copy of this judgment before the first respondent for compliance. ANTONY DOMINIC, JUDGE vi