IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 WP(C).No. 11778 of 2009(S) -------------------------- PETITIONER: -------------- BALAN, AGED 50 YEARS, S/O.LATE GOVINDANKUTTY NAIR, MALIACKAL HOUSE, KULUKKALLUR P.O., OTTAPALAM TALUK, PALAKAD DISTRICT. BY ADV. SRI.D.ANIL KUMAR SRI.K.P.DANDAPANI, SENIOR ADVOCATE RESPONDENTS: ----------------- 1. COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 2. ASSISTANT EXCISE COMMISSIONER THIRUVANANTHAPURAM. 3. THE DEPUTY EXCISE COMMISSIONER, PALAKKAD. 4. THE CIRCLE INSPECTOR OF EXCISE, OTTAPPALAM, 5. SASIDHARAN, S/O.AYYAPPAN, KIZHAKKEKARA VEEDU, WADAKKANCHERRY P.O., THRISSUR DISTRICT. 6. SHIJU, S/O.SUBRAMANIAN, POYYANNATHU HOUSE, KODUNGALLUR, THRISSUR. R1 TO R4 BY GOVERNMENT PLEADER,SMT.K.MEERA R5 TO R6 BY ADV. SRI.C.C.THOMAS (SENIOR) SRI.NIREESH MATHEW SRI.M.G.KARTHIKEYAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 11778/09 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE ANTICIPATORY BAIL(CRL.MC 3549/2008)FILED BEFORE THE SESSIONS COURT, PALAKKAD DATED 12.11.2008. EXT.P2 : TRUE COPY OF THE ORDER NO.XA2-28350/08 DATED 28.02.2008 OF THE 1ST RESPONDENT. EXT.P3 : TRUE COPY OF THE REPORT IN CR. NO.33/2008 RESPONDENT'S EXHIBITS: EXT.R5(A) : TRUE COPY OF THE LICENCE NO.632/08-09 IN RESPECT OF TODDY SHOP NO.25 ISSUED BY THE 3RD RESPONDENT. EXT.R5(B) : TRUE COPY OF THE JUDGMENT DATED 26.12.08 IN WPC: 38069/2008 PASSED BY THIS HON'BLE COURT. EXT.R5(C) : TRUE COPY OF THE LETTER DATED 28.05.09 SENT TO THE 3RD RESPONDENT BY RESPONDENTS 5 AND 6. /TRUE COPY/ PA TO JUDGE S.R. Bannurmath, C.J. & Kurian Joseph, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 11778 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this, the 30th day of June, 2009 JUDGMENT Kurian Joseph, J. The challenge is essentially on Ext.P2 order passed by the Assistant Executive Engineer. In the nature of the order we propose to pass in view of the disputed questions of fact, we do not think that it is necessary to go into the merits of the matter. Rule 12 of the Kerala Abkari Shops Disposal Rules, 2002, enables for revision before the Government. Therefore, we dispose of the writ petition making it clear that, in case the petitioner is aggrieved, it will be open to him to pursue the matter in revision under Rule 12 as mentioned above, within two weeks from today. We also make it clear that, any further action will be subject to the order in revision to be passed by the Government. S.R. Bannurmath, Chief Justice. Kurian Joseph, Judge. ttb WA No.730/09 -:2:-