IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 WP(C).No. 1854 of 2008(U) -------------------------------------- PETITIONER(S): ----------------------- SHIBU NARAYANAN, S/O. NARAYANAN, NELLIKKAL HOUSE, MELUKAVUMATTOM P.O., MEENACHIL TALUK, KOTTAYAM DISTRICT. BY ADV. MR.RENJITH B.MARAR, MR.L.RAJESH NARAYAN. RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, EXCISE DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 3. ASSISTANT EXCISE COMMISSIONER, IDUKKI. 4. EXCISE INSPECTOR, EXCISE RANGE OFFICE, IDUKKI. 5. PREVENTIVE OFFICER, IDUKKI EXCISE RANGE OFFICE, IDUKKI. R1 TO R5 BY GOVERNMENT PLEADER MR.V. MANU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/03/2010, ALONG WITH WP(C) NO. 1902 OF 2008 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 1854/2008-U APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LICENCE ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT TO CONDUCT THE TODDY SHOP NO.31/2007-08. EXT.P2: COPY OF THE CRIME AND OCCURRENCE REPORT NUMBERED AS CR NO.30/07 DATED 05/12/2007 REGISTERED BY THE 4TH RESPONDENT. EXT.P3: COPY OF THE CHEMICAL ANALYSIS REPORT DATED 06/10/2007. EXT.P4: COPY OF THE SRO NO.144/2007 PUBLISHED IN G.O.(P)NO.25/2007/TD. EXT.P5: COPY OF THE SRO NO.145/2007 PUBLISHED IN G.O.(P)NO.25/2007/TD. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. ANTONY DOMINIC, J ------------------- W.P.(C)s.1854, 2984, 8789 & 1902 of 2008 -------------------- Dated this the 8th day of March, 2010 JUDGMENT The issue raised in these writ petitions is covered in favour of the petitioners in view of paragraph 17 of the judgment in Komalan v. State of Kerala ( 2009 (2) KLT 744). Therefore, the writ petitions are allowed quashing the occurrence reports registered against the respective petitioners. ANTONY DOMINIC, Judge mrcs