IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 WP(C).No. 22500 of 2011(J) --------------------------------- PETITIONER(S): ------------------- K.JOJI THOMAS, PROPRIETOR, M/S.SAJEEVANI VAIDHYASALA, KURIACHIRA, THRISSUR-680 001. BY ADV. SRI.RANJITH XAVIER RESPONDENT(S): --------------------- 1. THE DEPUTY EXCISE COMMISSIONER, THRISSUR, OFFICE OF THE DEPUTY EXCISE COMMISSIONER DISTRICT COLLECTORATE, AYYANTHOLE, THRISSUR, PIN-680 003. 2. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. PIN-695 001. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF TAX, SECRETARIAT, THIRUVANANTHAPURAM. PIN-695 001. BY GOVT. PLEADER SRI.G. GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 22500/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE VALIDITY CERTIFICATE NO.ML3.2639/09/DC DATED 25/02/2009 ISSUED BY THE ASU DRUGS CONTROLLER (ISM) & LICENSING AUTHORITY, DRUGS CONTROL ADMINISTRATION, KERALA. P2: COPY OF LICENCE NO.12/97-98 TO PETITIONER IN FORM L-2 UNDER RULE 83 OF THE MEDICINAL AND TOILET PREPARATIONS (EXCISE DUTIES) RULES, 1956. P3: COPY OF LICENCE NO.4/2000-2001 ISSUED IN FORM SP.VI UNDER THE PROVISIONS OF ABKARI ACT. P4: COPY OF LICENCE NO.2/2000-2001 ISSUED IN FORM SP.VII UNDER THE PROVISIONS OF ABKARI ACT. P5: COPY OF THE APPLICATION DATED 28/03/2011 FOR THE RENEWAL OF THE FORM L-2 LICENCE NO.12/97-98 UNDER RULE 83 OF THE MEDICINAL AND TOILET PREPARATIONS (EXCISE DUTIES) RULES, 1956. P6: COPY OF THE APPLICATION DATED 28/03/2011 FOR RENEWAL OF FROM SP.VI LICENCE NO.4/2000-2001 UNDER THE PROVISIONS OF ABKARI ACT. P7: COPY OF THE APPLICATION DATED 28/03/2011 FOR RENEWAL OF FORM SP.VII LICENCE NO.2/2000-2001 UNDER THE PROVISIONS OF ABKARI ACT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 22500 of 2011 --------------------------------------- Dated this the 2nd day of September 2011. JUDGMENT Heard the counsel for the petitioner and Government Pleader for respondents. 2. The writ petition is filed for a direction directing the first respondent to renew forthwith Form L-2 license No. 12/97-98; Form SP VII licence No.2/2000-2001; and Form SP.VI license No.4/2000-2001 in favour of the petitioner. 3. Petitioner is engaged in the business of manufacture, whole sale and retail of Ayurvedic drugs. Exts.P2, P3 & P4 are copies of licenses issued to the petitioner for the manufacture, whole sale and retail business of Ayurvedic drugs under Medicinal and Toilet Preparations (Excise Duties) Act, 1955 and Abkari Act and Rules. Petitioner states that he preferred Exts.P5, W.P.(C) No.22500/2011 2 P6 & P7 applications before the first respondent for renewal of Exts.P2 and P4 licenses. The applications were submitted on 28.3.2011. But the first respondent has not yet considered nor disposed of the said applications till date. 4.According to the petitioner the pendency of S.T.No.3360/2010 is not a reason recognized either under Medicinal and Toilet Preparations (Excise Duties) Rules 1956 or under Abkari Act for keeping applications for renewal of licenses in abeyance, for not renewing the applications or not considering and passing orders. It is pointed out that due to non-renewal of licenses, the long standing business of the petitioner has come to a complete halt denying his basic right to livelihood. According to the petitioner there is no reason to deny renewal of Exts.P2, P3& P4 licenses and that the delay in disposal of Exts.P5, P6 & P7 applications is not justified. In the circumstances, the petitioner prayed for an early disposal of Exts.P5 to P7 applications for renewal. In the facts and circumstances of the case, the writ petition W.P.(C) No.22500/2011 3 is disposed of with a direction to the first respondent to consider and pass appropriate orders on Exts.P5 to P7 applications within a period of two weeks from the date of receipt of a copy of this judgment after affording an opportunity of being heard to the petitioner. HARUN-UL-RASHID JUDGE al