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. 33378 of 2010(V) -------------------------- PETITIONER(S): --------------- 1. JOBYCHAN SACRIA, AGED 32 YEARS, S/O.SCARIA, CHETTUTHADATHIL HOUSE, SANTHIPURAM KARA, KARUKACHAL VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. 2. THOMAS JOSEPH, S/O.JOSEPH, ALANCHERRIL HOUSE, RAMANKARI P.O. KUTTANADU, ALAPPUZHA 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, CHANGANACHERRY, KOTTAYAM DISTRICT. 5. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, CHANGANACHERRY, 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. 33378 of 2010-V - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of November, 2010. JUDGMENT The petitioners are the joint licensees of all the toddy shops in Group No.IX in Changanacherry Excise Range for the abkari year 2010-2011. Pursuant to an inspection conducted by the Excise Commissioner, C.R. No.61/2010 was registered by the fifth respondent. Both the petitioners have been arrayed as accused and in Crl.M.C. No.4048/2010 this Court quashed the cases under Sections 55(a) and 55(i) of the Abkari Act giving liberty to the fifth respondent to proceed against them under Section 56(b) of the Act. Thereafter, the petitioners filed an application as per Ext.P2 expressing their willingness to compound the offence as per Section 67A of the Act. 2. One of the shops, viz. T.S. No.55 is remaining closed after the inspection and therefore the petitioners have filed an application before the Excise Commissioner on 20.10.2010, Ext.P4 to permit them to reopen the shop. This writ petition is filed seeking for a direction to the second respondent to take a decision on Ext.P4 within a time frame. 3. Heard learned Govt. Pleader appearing for the respondents. It is wpc 33378/2010 2 submitted that the application will be considered and orders will be passed within a period of ten days. 4. Therefore, there will be a direction to the second respondent to take a decision on Ext.P4 within a period of ten days from today. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/