IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 23311 of 2007(A)
1. ANIL KUMAR.S.,
... Petitioner
2. S.G.SHIBU,
3. STANLY JOHN,
Vs
1. THE EXCISE COMMISSIONER,
... Respondent
2. THE ASSISTANT EXCISE COMMISIONER,
For Petitioner :DR.K.P.SATHEESAN
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :31/07/2007
O R D E R
S.SIRI JAGAN,J
================
W.P.(C).No.23311 of 2007
======================
Dated this the 31st day of July 2007
JUDGMENT
Petitioners are Licensees of Toddy Shops in Group No.3 of
Thiruvalla Excise Range. The group consists of 7 shops of which
six are licensed and other is abandoned. On the ground that
certain violation of the Abkari Act have been detected in respect
of shop No.15, the petitioners have been directed to stop
operations of all the Toddy shops. Petitioners have also been
given Ext.P7 show cause notice-cum-suspension order directing
the petitioners show cause why the license should not be
cancelled under Section 26(b) of the Abkari Act of 1077 read
with Rule 5(19) and 7(31) of the Kerala Abkari Shops Disposal
Rules, 2002. The petitioner submitted Ext.P8 reply to show
cause notice as early as on 2.7.2007, in spite of which no final
orders have been passed till date and petitioners’ toddy shops
remain closed. Petitioners seek direction to pass final orders
pursuant to Ext.P7 after taking into account the contentions of
the petitioners in Ext.P8.
W.P.(C).No.23311/2007
:2:
I have heard the learned Government Pleader also. After
directing closure of the toddy shops, the first respondent has a
duty to pass final orders pursuant to Ext.P7 expeditiously.
Accordingly, I direct the first respondent to pass final orders as
expeditiously as possible, at any rate, within two weeks from the
date of receipt of a copy of this judgment. Petitioners would be
free to rely on Ext.P9 order or any other order or document
which would support their case.
The writ petition is disposed of as above.
S.SIRI JAGAN, JUDGE
dvs