IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 11199 of 2009(T) -------------------------- PETITIONER(S): --------------- A.SADASIVAN NADAR, S/O.LATE APPIYAN NADAR,BABY NIVAS, THIRUVALLOM P.O.,THIRUVANANTHAPURAM. BY ADV. SRI.N.RAGHURAJ MRS. K.AMMINIKUTTY RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP.BY THE SECRETARY (TAXES), GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE SECRETARY,TAXES DEPARTMENT, GOVERNMENT OF KERALA,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE COMMISSIONER FO EXCISE, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 4. THE ASSISTANT EXCISE COMMISSIONER, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 5. KOMALAN,S/O.CHANDRANANDAN, MUDIPPURA VILA PUTHEN VEEDU, KATTACHALKUZHI DESOM,VENGANOOR VILLAGE, THIRUVANANTHAPURAM. 6. ANIL KUMAR,S/O.GOVINDAN, BABA NILAYAM,UPANIYOOR DESOM, KALLIYOOR VILLAGE,THIRUVANANTHAPURAM. 7. RADHAKRISHNAN,S/O.KRISHNAN, PANANVILA VEEDU,KOTTUKAL DESOM, KOTTUKAL VILLAGE,THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 3.4.2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.11199 of 2009 ================== Dated this the 3rd day of April, 2009 J U D G M E N T The petitioner is the owner of a building which was let out to respondents 5 to 7 for conducting toddy shop No.3 of Thiruvananthapuram range for the period from 31.3.2008 to 31.3.2009. According to the petitioner, the period of the consent has expired. The petitioner further submits that he has not given any further consent for continuation of the toddy shop in that building. But the petitioner apprehends that respondents 5 to 7 are trying to get the licence renewed in that building on the strength of Ext.P6 injunction order obtained from the Munsiff's Court, Thiruvananthapuram, restraining the petitioner from forcibly evicting respondents 5 to 7. According to the petitioner, that injunction order cannot be taken as a consent of the petitioner for renewal of the licence in that building. In the above circumstances, the petitioner has filed Ext.P4 petition objecting to renewal of the licence in favour of respondents 5 to 7 in that building. The petitioner seeks a direction to the 4th respondent to consider the same also before taking steps to renew the licence in favour of respondents 5 to 7. 2. I have heard the learned Government Pleader also. In the nature of the order I propose to pass I do not think it necessary to 2 issue notice respondents 5 to 7 at this juncture. 3. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 4th respondent to consider Ext.P4 and hear the petitioner also while taking up the issue of renewal of the licence issued to respondents 5 to 7 for the conduct of the toddy shop in the petitioner's building. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge