IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 WP(C).No. 33373 of 2010(V) -------------------------- PETITIONER(S): --------------- 1. SHAJI MATHEW, S/O.MATHEW, KANDATHIL HOUSE, MANKOMBU KARA, MUNNILAVU VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT. 2. P.P.SREENIVASAN NAIR, S/O.PARAMESWARA KAIMAL, PANACHIPLACKAL HOUSE, ELIKKULAM VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT. 3. K.M.SASIDHARAN, S/O.MADHAVAN NAIR, KARANAMKUNNEL HOUSE, ELIKKULAM VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT. 4. T.S.MOHANAN, S/O.SREEDHARAN, THEKKILAKKATTU HOUSE, KARINILAM KARA, ERUMELI VADAKKU VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT. 5. V.K.VIJAYAN, AGED 58 YEARS, S/O.KUNJAPPAN, VELIKKAKATH HOUSE, ELIKKULAM VILLAGE, URULUKUNNAM KARA, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY, TAXES (A) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 3. THE DEPUTY COMMISSIONER OF EXCISE, COLLECTORATE P.O., KOTTAYAM. 4. THE CIRCLE INSPECTOR OF EXCISE, PONKUNNAM, (KANJIRAPPALLY), KOTTAYAM DISTRICT. 5. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, KANJIRAPPALLY, KOTTAYAM DISTRICT. BY G.P. SHRI MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.33373 of 2010-V - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of November, 2010. JUDGMENT The petitioners herein are the joint licensees of all the toddy shops in Group No.X in Kanjirappally Excise Range in which T.S. Nos.57 to 61 includes. Crime was registered as C.R. No.54/2010 by the fifth respondent against the petitioners. Ext.P1 is the copy of the crime and occurrence report. The petitioners have approached this Court by filing Crl.M.C. No.4049/2010 to quash all proceedings pursuant to Ext.P1. Ext.P3 is the copy of the interim order passed by this Court in the matter and the Crl.M.C. itself is posted for hearing on 10.11.2010. Ext.P4 is the copy of the order by which the licences have been suspended and the petitioners thereafter submitted Ext.P5 reply. 2. The prayer in this writ petition is to quash Ext.P4 and a further direction is sought to the second respondent to finalise the proceedings within a time frame, after considering the interim order passed by this Court as per Ext.P3. 3. Learned Govt. Pleader on getting instructions, submitted that a final order has been passed cancelling the licence in respect of all the toddy wpc 33373/2010 2 shops. Therefore, the final order will be communicated to the petitioners and the writ petition is closed without prejudice to the right of the petitioners to avail appropriate remedies. No costs. (T.R. Ramachandran Nair, Judge.) kav/