Anilkumar vs The Excise Commissioner on 17 June, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 16740 of 2009(J)


1. ANILKUMAR, AGED 32 YEARS, S/O.GOPALAN,
                      ...  Petitioner

                        Vs



1. THE EXCISE COMMISSIONER, COMMISSIONERATE
                       ...       Respondent

2. THE DEPUTY COMMISSIONER OF EXCISE,

3. THE DISTRICT COLLECTOR, KOLLAM.

4. THE C.I.OF EXCISE, PUNALUR,

                For Petitioner  :SRI.M.G.KARTHIKEYAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :17/06/2009

 O R D E R
            THOTTATHIL B.RADHAKRISHNAN, J.
                  -------------------------------------------
                   W.P(C).No.16740 OF 2009
                  -------------------------------------------
               Dated this the 17th day of June, 2009


                              JUDGMENT

The petitioner seeks a direction to the first respondent to

consider Ext.P1. His case is that he had been a licensee, either

individually or in group, for different years, including the

previous abkari year All the shops included in the group were

kept closed by the Government during the whole or part of the

abkari year 2008-09 owing to a liquor tragedy, though amounts

due to the Government under the licence were paid. It is

accordingly pointed out that they were licensees even during the

abkari year 2008-09 and were running toddy shops even during

that year in the legal sense and that they were incapacitated

from vending toddy because the shops were now closed by the

Government. Under such circumstances, the first respondent is

directed to issue a decision on Ext.P1 before sale of the shops for

the abkari year 2009-2010. The writ petition is ordered

accordingly.

Sd/-

THOTTATHIL B.RADHAKRISHNAN,
Judge.

kkb.17/6.