IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 WP(C).No. 10427 of 2009(W) --------------------------------------- PETITIONER: ------------------- T.VIJAYAN, S/O.THAMPI, VALIYAMADAM HOUSE, KOTTATHALA DESOM, MYLAM VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. MR.M.G.KARTHIKEYAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY, TAXES (A) DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 3. THE DEPUTY COMMISSIONER OF EXCISE, KOLLAM. 4. THE CIRCLE INSPECTOR OF EXCISE, KOTTARAKKARA, KOLLAM DISTRICT. R1 TO R4 BY GOVT. PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.10427/2009-W: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE MAHAZAR DTD. 06/02/2009 PREPARED BY THE EXCISE INSPECTOR, KOTTARAKKARA EXCISE RANGE. EXT.P.2: COPY OF THE ORDER DTD. 18/02/2009 IN B.A. NO. 770/2009 PASSED BY THIS HONOURABLE COURT. EXT.P.3: COPY OF THE ORDER DTD. 19/02/2009 IN B.A. NO. 781/2009 PASSED BY THIS HONOURABLE COURT. EXT.P.4: COPY OF THE ORDER NO. XA7-3647/09 DTD. 18/02/2009 PASSED BY THE R.2. EXT.P.5: COPY OF THE REPLY DTD. 20/02/2009 SENT TO THE R.2. EXT.P.6: COPY OF THE JUDGMENT DTD. 04/03/2009 IN W.P.(C).NO.6320/2009 OF THIS HONOURABLE COURT. EXT.P.7: COPY OF THE ORDER NO.XA7-3647/09 DTD. 25/03/2009 PASSED BY THE R.2. EXT.P.8: COPY OF THE ORDER, G.O.(MS) NO. 52/09/T.D DTD. 19/03/2009 PASSED BY THE GOVT. OF KERALA. EXT.P.9: COPY OF THE CHEMICAL ANALYSIS CERTIFICATE DT.D 07/05/2009 ISSUED BY THE ASST. CHEMICAL EXAMINER TO GOVT. OF KERALA. EXT.P.10: COPY OF THE ORDER DTD. 01/06/2009 IN CRL.M.C. NO. 983/2009 PASSED BY THIS HONOURABLE COURT. EXT.P.11: COPY OF THE JUDGMENT DTD. 02/06/2009 IN W.P.(C).NO.12528/2009 OF THIS HONOURABLE COURT. EXT.P.12: COPY OF THE LETTER DTD. 06/06/2009 TO RESPONDENTS AND OTHERS DTD. 06/06/2009. RESPONDENTS' EXHIBITS: //TRUE COPY// P.S. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).10427/2009-W and I.A.Nos.6552 & 6797 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 9th day of June, 2009. JUDGMENT 1.All materials taken on record. 2.The petitioner is a licensee of toddy shops. On the allegation that the petitioner possessed toddy in a building near to the licensed premises but not covered by the licence, crime was registered alleging offences punishable under Sections 55(a) and (i) of the Abkari Act. That was quashed by this Court holding that the allegation would disclose only an offence punishable under Section 56(b) of the Act. In the impugned order Ext.P7, the Excise Commissioner has also concluded on that extent. If that be so, the petitioner's case is covered for fresh consideration in terms of what is stated in WP(C) -: 2 :- Ext.P11 judgment of this Court in WP(C). 12526/2009. In the result, this writ petition is allowed quashing Exts.P4 and P7 and directing re- consideration of the matter in the light of what is stated in Ext.P11 and any decision, following this judgment, would be subject to the decision of the Apex Court in the special leave petition pending against Ext.P10 order of this Court. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/110609