IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 WP(C).No. 591 of 2010(Y) ------------------------ PETITIONER(S): --------------- SAJIMON.B., AGED 28 YEARS, S/O. BALAKRISHNAN, SAJI VILASAM, VAVARA AMBALAM, POTHENCODE.P.O., THIRUVANANTHAPURAM. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENT(S): --------------- 1. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 2. THE DEPUTY COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 3. THE CIRCLE INSPECTOR OF EXCISE, ATTINGAL, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.591 OF 2009 (Y) -------------------------------------------------- Dated this the 12th day of January, 2010 J U D G M E N T Petitioner along with others got allotment of toddy shops in Group No.II of Chirayinkeezhu Excise Range. This writ petition concerns T.S.No.3 within the aforesaid group. 2. According to the petitioner, on 1.12.2009, the 3rd respondent instructed the petitioner to close down the shop from that day, due to a clash between the two groups of people in the neighborhood. It is stated that after two weeks, the petitioner approached the 3rd respondent on his instructions when he opened the shop on 1.1.2010, he was again made to close down th shop. Petitioner submits that such closure of the shop at the instance of the 3rd respondent was without any justification and on this allegation this writ petition was filed praying for declaring that the petitioner and the other licensees are entitled to conduct the shop on the strength of Ext.P1 licence. A direction to the respondents not to interfere with the functioning of the toddy shop No.3 in Chirayinkeezhu Excise Range in terms of the licence is also sought for. WPC.No.591 /09 :2 : 3. In view of the allegations in the writ petition, by order dated 8.1.2010, the case was adjourned with a direction to the learned Government Pleader to obtain instruction from the respondents. Accordingly, the Government Pleader has obtained instructions and submits that in front of the shop one Sathyan was murdered and following this unfortunate incident, there was a public protest and that it was on account of the said public protest that the petitioner could not open the shop. It is stated that the respondents have not instructed the petitioner to close down the shop. As according to the respondents they are not responsible for the closure of the toddy shop in question, no direction as sought for by the petitioner can be issued. Therefore, recording the submission of the learned Government Pleader as above, the writ petition is closed. (ANTONY DOMINIC) JUDGE vi/ WPC.No.591 /09 :3 :