IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 591 of 2010(Y)
1. SAJIMON.B., AGED 28 YEARS,
... Petitioner
Vs
1. THE EXCISE COMMISSIONER,
... Respondent
2. THE DEPUTY COMMISSIONER OF EXCISE,
3. THE CIRCLE INSPECTOR OF EXCISE,
For Petitioner :SRI.M.G.KARTHIKEYAN
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :12/01/2010
O R D E R
ANTONY DOMINIC, J.
--------------------------------------------------
W.P.(C) NO.591 OF 2009 (Y)
--------------------------------------------------
Dated this the 12th day of January, 2010
J U D G M E N T
Petitioner along with others got allotment of toddy shops in
Group No.II of Chirayinkeezhu Excise Range. This writ petition
concerns T.S.No.3 within the aforesaid group.
2. According to the petitioner, on 1.12.2009, the 3rd
respondent instructed the petitioner to close down the shop from
that day, due to a clash between the two groups of people in the
neighborhood. It is stated that after two weeks, the petitioner
approached the 3rd respondent on his instructions when he
opened the shop on 1.1.2010, he was again made to close down
th shop. Petitioner submits that such closure of the shop at the
instance of the 3rd respondent was without any justification and on
this allegation this writ petition was filed praying for declaring
that the petitioner and the other licensees are entitled to conduct
the shop on the strength of Ext.P1 licence. A direction to the
respondents not to interfere with the functioning of the toddy
shop No.3 in Chirayinkeezhu Excise Range in terms of the licence
is also sought for.
WPC.No.591 /09
:2 :
3. In view of the allegations in the writ petition, by order
dated 8.1.2010, the case was adjourned with a direction to the
learned Government Pleader to obtain instruction from the
respondents. Accordingly, the Government Pleader has obtained
instructions and submits that in front of the shop one Sathyan
was murdered and following this unfortunate incident, there
was a public protest and that it was on account of the said public
protest that the petitioner could not open the shop. It is stated
that the respondents have not instructed the petitioner to close
down the shop.
As according to the respondents they are not responsible
for the closure of the toddy shop in question, no direction as
sought for by the petitioner can be issued. Therefore, recording
the submission of the learned Government Pleader as above, the
writ petition is closed.
(ANTONY DOMINIC)
JUDGE
vi/
WPC.No.591 /09
:3 :