IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 WP(C).No. 19582 of 2010(W) --------------------------------- PETITIONER: -------------- T.MOHANAN, AGED 42 YEARS, S/O.THANKAPPAN CHETTIYAR, BISMILLAH PATTATHANAM, KADAPPAKKADA P.O., NOW RESIDING AT "KARALIL VEEDU", KANNIMECHERI, MARUTHADI P.O. KOLLAM. BY MR.V.V.RAJA, ADVOCATE. MR.R.RANJITH, ADVOCATE. MS.K.M.NAZREEN, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, OFFICE OF THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 3. THE ASST.EXCISE COMMISSIONER, OFFICE OF THE ASST.EXCISE COMMISSIONER, KOLLAM. 4. THE CIRCLE INSPECTOR OF EXCISE. KOLLAM. BY MS. K.R. DEEPA, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.19582 OF 2010 --------------------------------------- Dated this the 23rd day of June, 2010. J U D G M E N T This writ petition is filed by the petitioner seeking for a direction to the 2nd respondent/official from outside the Kollam Excise Range to supervise the auction proposed to be held on 24.06.2010 with respect to the right to vend toddy of the shops included in Group 2 of Excise Range, Kollam. 2. The petitioner claims to be engaged in the business of selling toddy for the last 15 years. The petitioner claims that he is an intending participant in the auction proposed to be held on 24.06.2010. The cause of action for filing of the writ petition is revealed from paragraph 7 of the writ petition. It is stated that the petitioner has got reliable information that all efforts have been made by the officials to see that no other person other than the one whom the officials of the Department support, will participate in the auction. It is in these circumstance, the petitioner is seeking for a direction to the Excise Commissioner to W.P.(C) No.19582/2010 2 intervene in the matter and post officials from outside to conduct the auction. 3. The petitioner has not even moved the authorities concerned including the 2nd respondent complaining of any action on the part of any local officer of the Department. Apart from that, vague allegations alone have been raised in this writ petition. The auctions are being held under the provisions of the Abkari Act by the officers concerned. If the petitioner has got any grievance with regard to the conduct of the auction and the proceedings taken on the day of auction, the remedy is only to approach the higher officers of the Department after the conduct of the auction. Further, a direction as sought for cannot be granted by this Court at the 11th hour also. For all these reasons, this writ petition is dismissed. T.R. RAMACHANDRAN NAIR JUDGE smp