IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 WP(C).No. 13677 of 2010(H) -------------------------------- PETITIONER: -------------- E.S.SONY, S/O.SHANMUGHAN, ERANATTUKARA VEETTIL, NATAKOM P.O., DIST.KOTTAYAM. BY MR.K.REGHU KOTTAPPURAM, ADVOCATE. RESPONDENTS: ------------------ 1. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 2. THE DEPUTY COMMISSIONER OF EXCISE, KOTTAYAM DIVISION, KOTTAYAM. 3. THE DISTRICT COLLECTOR, KOTTAYAM DISTRICT, KOTTAYAM. BY MS. K.R. DEEPA, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/05/2010, ALONG WITH WP(C) No.13904 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.(C) Nos.13677 & 13904 OF 2010 -------------------------------------------- Dated this the 19th day of May, 2010. J U D G M E N T The petitioner in both these writ petitions are the same person. Mainly the petitioner is challenging Exhibit P16 proceedings of the Commissioner of Excise (produced in W.P.(C) No.13677/2010) and the subsequent auction of toddy shops pursuant to Exhibit P9 notification (produced in W.P.(C) No.13904/2010). In Exhibit P16, the Commissioner of Excise held that the sale of toddy shops in Group IV of Erattupetta Range of Kottayam Division is rejected as per Rule 5(15) of the Kerala Abkari Shops Disposal Rules, and the rental so remitted (excluding Rs.1,54,400/- which was returned by the Bank authorities) is forfeited to Government as per Rules 5(17) of the Kerala Abkari Shops Disposal Rules 2002. The Deputy Commissioner of Excise, Kottayam was directed to take steps to place the above shops in public sale. W.P.(C) Nos13677 & 13904/2010. 2 2. This Court had passed an interim order in W.P.(C) No.13904/2010 dated 27.04.2010 permitting the petitioner also to participate in the re-auction that was scheduled to be conducted on 28.04.2010, provisionally, subject to furthers orders in the writ petition. This was clarified by the order dated 04.05.2010 to the effect that it will be open to the Commissioner of Excise to consider the question of confirmation which will be provisional and subject to the result of the writ petition. Learned counsel for the petitioner submitted that the auction has already been confirmed in the name of the petitioner. In that view of the matter, as the petitioner is the licensee now, the challenge against Exhibit P16 in W.P.(C) No.13677/2010 and Exhibit P9 in W.P.(C) No.13904/2010 is only academic. Therefore, these writ petitions are closed. No costs. T.R. RAMACHANDRAN NAIR JUDGE smp