IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 WP(C).No. 22360 of 2010(T) -------------------------- PETITIONER(S): --------------- K.V.CHANDRAN, AGED 53 YEARS, S/O.VELAYUDHAN, RACHANA, MUTHUKULAM SOUTH P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY, TAXES (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 3. THE DEPUTY COMMISSIONER OF EXCISE, ALAPPUZHA. 4. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, KAYAMKULAM, ALAPPUZHA DISTRICT. GOVERNMENT PLEADER SRI.K.V.MANOJ KUMAR FOR R1-4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.22360/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. PHOTOCOPY OF THE CRIME AND OCCURRENCE REPORT IN CR.NO.62/2010 REGISTERED BY THE 4TH RESPONDENT. EXT.P2. PHOTOCOPY OF THE ORDER DATED 5.7.2010 IN W.P(C)NO.20850/2010 PASSED BY THIS HONOURABLE COURT. EXT.P3. PHOTOCOPY OF THE ORDER DATED 13.7.2010 IN B.A.NO.4242/2010 PASSED BY THIS HONOURABLE COURT. EXT.P4. PHOTOCOPY OF THE ORDER NO.XA7-17158/10 DATED 8.7.2010 PASSED BY THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R3(a). TRUE COPY OF THE CHEMICAL ANALYSIS REPORT DATED 4.8.2010. / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.22360 of 2010 ----------------------------------------- Dated this the 7th day of September, 2010 JUDGMENT The petitioner, who is the licensee of toddy shops Nos.15 to 21 in Group No.III of Kayamkulam Excise Range, has filed this writ petition mainly challenging Ext.P4 order dated 8.7.2010 issued by the Commissioner of Excise suspending the licences issued to him to run the aforesaid toddy shops and calling upon him to show cause why the licences issued to him in respect of the aforesaid toddy shops should not be cancelled. The writ petition is filed contending that though toddy was seized from a shed attached to the house of the petitioner on 29.6.2010, till date the report of analysis has not been received and without obtaining such a report action should not have been initiated either to prosecute the petitioner or to suspend his licence 2. The 3rd respondent has filed a counter affidavit and produced along with it Ext.R3(a) analysis report dated 4-8-2010 issued by the Assistant Chemical Examiner to Government of Kerala. In such circumstances the contention put forward by the petitioner that no action could have been taken until after the W.P(C).No.22360 of 2010 -:2:- chemical analysis report is received, cannot be sustained. It is for the petitioner to reply to Ext.P4 show cause notice and to explain why the action proposed therein should not be taken against him. It would be premature for this Court at this stage to go into the merits of the rival contentions and to take a decision in the first instance. 3. In such circumstances I dispose of the writ petition with the following directions:- (a) The petitioner shall, within one week from the date of receipt of a certified copy of this judgment, submit his reply to Ext.P4 show cause notice. (b) The Commissioner of Excise shall thereupon consider the same, afford the petitioner an opportunity of being heard in person or through a lawyer of his choice and shall take an appropriate decision expeditiously and in any event within one month from the date on which the petitioner submits his reply to Ext.P4 show cause notice. (c) The Commissioner of Excise shall pass a reasoned order, adverting to the contentions raised by the petitioner and shall, after orders are passed, communicate a copy thereof to him. (d) The contentions of both sides on the merits are kept open. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.22360 of 2010 ---------------------------- JUDGMENT 7th September, 2010