IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 WP(C).No. 31736 of 2010(N) -------------------------- PETITIONER(S): --------------- KISHORE, S/O. SHAJI, THACHERIL HOUSE, PUTHENVELIKKARA P.O., ERNAKULAM DISTRICT. BY ADV. SRI.JAI GEORGE RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TAXES (A) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE, EXCISE COMMISSIONERATE, PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM. BY G.P. SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 31736 of 2010-N - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of October, 2010. JUDGMENT The petitioner is the licensee of of Toddy Shop Nos.7/09-10 to 12/09-10 in Group No.II /2010-11 of Thrissur Range. There was a routine inspection on 30.9.2009 wherein samples of toddy were taken from Toddy Shop Nos.8/09-10, 10/09-10 and 12/09-10. A criminal case was registered as C.R. No.36/2010 against the petitioner for offences punishable under Sections 56(b), 57(a) and 64 of the Abkari Act alleging that the alcohol content in the sample of toddy collected from Toddy Shop No.12/09-10 is more than 8.1% v/v which is the permissible limit. Ext.P1 is the copy of the C.R. Ext.P2 is the copy of the show cause notice issued to the petitioner dated 6.9.2010 asking him to show cause why the privilege/licence for vending toddy in respect of his toddy shops, shall not be cancelled. Since the shops was remaining closed consequent on the liquor tragedy in Malappuram, the petitioner submitted a reply on 11.10.2010, a copy of which is produced as Ext.P3. 2. Various contentions have been raised by the petitioner in the writ petition. wpc 31736/2010 2 3. Learned Govt. Pleader on getting instructions, submitted that the reply to the show cause notice which has been received on 15.10.2010, is being examined and an appropriate decision will be taken. Learned counsel for the petitioner prayed that the petitioner may be heard before a final decision is taken. Therefore, there will be a direction to the second respondent to hear the petitioner before any decision is taken on Ext.P2 show cause notice. The writ petition is accordingly disposed of. The petitioner will produce a copy of this judgment along with a copy of the writ petition for compliance. No costs. (T.R. Ramachandran Nair, Judge.) kav/