IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 13TH AUGUST 2010 / 22ND SRAVANA 1932 WP(C).No. 17130 of 2010(M) --------------------------------------- PETITIONERS: --------------------- 1. T.S.HARIDAS, S/O.SUBRAMANIAN, THYTHARA HOUSE, UZHUVATHUKADAVU DESOM, LOKAMALLESWARAM VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. 2. T.S.KUMARAN, S/O.KANDARUKUTTY NAIR, THIRIKKAPARAMBIL HOUSE, CHIRAMANAGADU DESOM, THALAPPALLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENTS: ------------------------ 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, PALAKKAD. 4. THE DEPUTY COMMISSIONER OF EXCISE, THRISSUR. 5. THE C.I.OF EXCISE, WADAKKANCHERRY, THRISSUR DISTRICT. R1 TO R5 BY GOVT. PLEADER SRI. K.RAMESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/08/2010, ALONG WITH W.P.(C). NO. 17151/2010 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.17130/2010-M: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE TODDY TRANSPORT PERMIT NO. 290/10-11/ID/I HY DTD. 31/03/2010 ISSUED BY THE R.3. TO THE P.1. EXT.P.2: COPY OF THE TODDY TRANSPORT PERMIT NO. 288/10-11/ID/I HY DTD. 30/03/2010 ISSUED BY THE R.3. TO THE P.2. EXT.P.3: COPY OF THE NOTICE DTD. 24/05/2010 ISSUED BY THE R.5. TO THE P.1. EXT.P.4: COPY OF THE NOTICE DTD. 24/05/2010 ISSUED BY THE R.5. TO THE P.2. EXT.P.5: COPY OF THE ORDER DTD. 20/05/2010 IN W.P.(C).NO.15513/2010 PASSED BY THIS HON'BLE COURT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). Nos.17130/2010-M, 17151/2010-T, 17160/2010-T,17383/2010-W, 17402/2010-A, 17406/2010-A & 18595/2010-Y ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 13th day of August, 2010 J U D G M E N T This writ petitions are concerned with the restriction made by the Excise Commission with regard to the operation of toddy transport permits by directing the petitioners to delete one of the two vehicle numbers from the transport permit. 2. This Court had passed an interim order in these matters and a batch of cases, namely, W.P(C).Nos.15513, 15704, 15705, 15723 and 16038/2010 were disposed of in the light of the subsequent events. Paragraph (2) of the said Judgment is extracted below:- “Today when the matter came up for hearing, the learned Government Pleader submitted that the restriction introduced which has led to the filing of the writ petitions stands withdrawn as per Order No.XA2.14439/01 dated 22/07/2010. A reading of the order shows that the order dated 01/07/2010 of the Excise Commissioner has been modified and directions have been issued to mention registration numbers of W.P.(C). Nos.17130/2010-M, 17151/2010-T, 17160/2010-T, 17383/2010-W, 17402/2010-A, 17406/2010-A & 18595/2010-Y -:2:- two vehicles in the toddy transport permit, subject to certain conditions. The modified orders have been directed to be implemented also.” 3. Since the position is the same in these cases also, the writ petitions are allowed. The petitioners will therefore be governed by the transport permits already issued and the conditions provided in the order dated 22/07/2010. No costs. (T.R. Ramachandran Nair, Judge.) ms