IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 38067 of 2008(F)
1. V.DEVADAS, AGED 41 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY ITS SECRETARY,
... Respondent
2. THE EXCISE COMMISSIONER,
3. THE ASST.EXCISE COMMISSIONER,
For Petitioner :SRI.M.G.KARTHIKEYAN
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :26/12/2008
O R D E R
ANTONY DOMINIC,J.
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W.P.(C).No.38067 2008
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Dated this the 26th day of December, 2008.
JUDGMENT
The petitioner is aggrieved by Ext.P3.
The facts of the case are that the petitioner was allotted
Toddy Shops in Group No.VI of Nemnara Excise Range in Palakkad
Division for the Abkari year 2008-09. After completing all
formalities, petitioner commenced his business and while so Ext.P1
show cause notice was issued by the 2nd respondent calling upon the
petitioner, why the licenses shall not be cancelled on the allegation
that the petitioner had suppressed that he was a government
servant as on 26.03.2008, when he applied for allotment of the
Toddy shops.
2. According to the petitioner without giving him an
opportunity of hearing, the 3rd respondent passed Ext.P3 order
cancelling the licence and that, as a result thereof, the shops have
been closed. Aggrieved by Ext.P3, petitioner has filed Ext.P4
appeal before the 1st respondent along with Ext.P5 stay petition. In
this writ petition, petitioner complains that orders are not been
passed on Ext.P4 or Ext.P5 so far and that in the meanwhile on
account of the closure of the Toddy Shop he deprived of his
livelihood.
WP(C).No.38067/2008 /2/
3. Taking into account the aforesaid limited grievance of
the petitioner, this writ petition is disposed of directing that if
Ext.P4 has been received and is pending before the 1st respondent,
Ext.P4 shall disposed of, with notice to the petitioner, as
expeditiously as possible at any rate within 4 weeks of a production
of a copy of this judgment along with a copy of this writ petition.
(ANTONY DOMINIC)
JUDGE
vi/
WP(C).No.38067/2008 /2/