IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 WP(C).No. 5088 of 2008(E) ------------------------- PETITIONER: ------------------ 1. R.SHAJI , OLIKKARA VAYALIL PUTHEN VEEDU THATTAMALA P.O., KOLLAM DISTRICT. 2. S.SUNDARESAN, KUTTIPPURAM VEEDU THATTAMALA P.O., KOLLAM DISTRICT. 3. SURESH KUMAR, SARASWATHI VILASOM ULIYACOIL P.O., KOLLAM DISTRICT. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) RESPONDENTS: ---------------------- 1. THE COMMISSIONER OF EXCISE COMMISSIONERATE OF EXCISE THIRUVANANTHAPURAM. 2. THE ASSISTANT EXCISE COMMISSIONER KOLLAM. 3. THE EXCISE INSPECTOR CHATHANNOOR EXCISE RANGE, KOLLAM. 4. VIKRAMAN PILLAI, PRAKASH BHAVAN MYLAKKAD P.O., KOLLAM DISTRICT. R1 TO R3 BY GP N. SUDHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.5088 of 2008 ================================== Dated this the 12th day of February, 2008. JUDGMENT Petitioners state that the fourth respondent had been running a toddy shop during different abkari years on his own and on account of the change of the policy during the current abkari year and the introduction of the group system, the petitioners and the fourth respondent were shown as the licensees of all the toddy shops in the group. It is stated that on the basis of certain materials recovered from the shop of the fourth respondent, proceedings have been initiated against the fourth respondent by registration of an abkari offence and also for cancellation of licence. Though it has been held by this Court that such liability could result in the cancellation of the licence of WPC5088/2008 -:2 :- the entire group, the petitioners plead that they may be given an opportunity of pre- decisional hearing regarding cancellation of licence of other shops. 2. Under such circumstances, without expressing anything on merits, it is directed that if the petitioners appear or are represented before the competent authority alongwith a certified copy of this writ petition within a period of one week from now, they will be given an opportunity of pre- decisional hearing before cancellation of licence of the shops, except the shop from which incriminating materials were recovered and crime registered. It is clarified that such decision shall be taken in accordance with law and untrammelled by anything stated herein. WPC5088/2008 -:3 :- Writ petition is disposed of in the above terms. Issue certified copy today. Thottathil B.Radhakrishnan, Judge. sl.