IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 WP(C).No. 26884 of 2007(A) -------------------------- PETITIONER(S): --------------- 1. SREEKUMAR, S/O.SREENIVASAN, SREEVILASOM, KALOOR DESOM, THONNAKKAL VILLAGE, POTHENCODE P.O., THIRUVANANTHAPURAM TALUK. 2. KRISHNANKUTTY, S/O.MADHAVAN, KAIPPALLI MADOM, KUMARANKARI MURI, VELIYANAD VILLAGE, KUTTANAD TALUK, ALAPPUZHA DT. 3. D.RADHAKRISHNAN, SON OF DIVAKARAN, MEKKINKARA PUTHENVEED, MANNANCODE MURI, KUNNATHUKAL VILLAGE AND P.O., NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. 4. PRADEEP KUMAR, S/O.SAHADEVAN, MANNADIMOOLA PUTHENVEED, KUTHIRAKULAM P.O., THOZHUTHINKARA MURI, MANIKKAL VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.K.B.PRADEEP RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, THIRUVANANTHAPURAM- 695 010. 3. THE EXCISE INSPECTOR, EXCISE INTELLIGENCE & INVESTIGATION BUREAU, THIRUVANANTHAPURAM. BY SMT. N. SUDHADEVI GOVERNMENT PLEADER FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/05/2010, ALONG WITH WPC NO. 28443 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC 26884/2007 EXT.P1-TRUE COPY OF CRIME AND OCCURRENCE REPORT DATED 22.8.2007 OF R2 EXT.P2-TRUE COPY OF CHEMICAL ANALYSIS REPORT DATED 10.8.2007 EXT.P3-TRUE COPY OF SRO 144/2007 DATED 14.2.207 EXT.P4-TRUE COPY OF NOTIFICATION DATED 14.2.2007 ISSUED BY THE GOVERNMENT, // TRUE COPY // P.S TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos.26884 /2007-A & 28443/2007-J - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of May, 2010. JUDGMENT In both these writ petitions, the prayer is to declare that Rule 2(n) of the Kerala Abkari Shops Disposal Rules 2002, introduced as per Ext.P3 notification in W.P.(C) No.26884/2007, as ultra vires. 2. It is submitted by the learned counsel for the petitioners and the learned Govt. Pleader that the issue has been settled by this court by the decision of a Division Bench of this Court in Komalan v. State of Kerala (2009 (2) KHC 514). Therein, the validity of the rule in question has been upheld. Therefore, the issue is covered against the petitioners. Hence, the writ petitions are dismissed. No costs. (T.R. Ramachandran Nair, Judge.) kav/