IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 WP(C).No. 22276 of 2010(H) -------------------------- PETITIONER(S): --------------- 1. PAPPACHAN, AGED 68 YEARS, S/O.KOTHU, THUMBALAN HOUSE, KARINGALIKKADU KARA, MANJAPRA VILLAGE,ALUVA TALUK. 2. RANEESH JOSE, S/O.JOSE, MARIPPURATH HOUSE, PRAVITHANAM KARA, BHARANANGANAM VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT. 3. MANESH KUMAR,S/O.SASI, CHAMAKKATTU HOUSE, THIDANATTUKARA, MEENACHIL TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY, TAXES(A) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE, EXCISE COMMISSIONERATE, PUBLIC OFFICE BUIDLING, THIRUVANANTHAPURAM. 3. THE DEPUTY COMMISSIONER OF EXCISE, ERNAKULAM. 4. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, KALADY, ERNAKULAM DISTRICT. GOVERNMENT PLEADER, SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.22276/2010-H ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 16th day of July, 2010 J U D G M E N T The writ petition is filed challenging validity of Rule 9(2) of Kerala Abkari Shops Disposal Rules, 2002, which was reintroduced as per Ext.P4 notification. It is stated that the same is unworkable, unenforceable and liable to be struck down. 2. A Division Bench of this Court has already repelled a similar challenge in the decision reported in Komalan v. State of Kerala and Others [2009 (2) KLT 744]. Therefore, the writ petition is dismissed. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE