IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24697 of 2008(M)
1. V.V. SHIBY, S/O. VASUDEVAN,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, KOTTAYAM.
... Respondent
2. THE ASSISTANT EXCISE COMMISSIONER,
3. PROF.C. MAMMACHAN, GENERAL CONVENER,
4. REV. K.C. MATHEW, SECRETARY,
For Petitioner :SRI.N.RAGHURAJ
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :22/08/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 24697 OF 2008 M
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Dated this the 22nd day of August, 2008
J U D G M E N T
Petitioner is a licencee of TS No.48/08-09, Mandiram of Kottayam Excise
Range. In this writ petition what is under challenge is Ext.P5 proceedings of
the 1st respondent issued under Section 54 of the Abkari Act ordering that the
licence is suspended for a period of 3 months. Though several grounds have
been urged by the writ petitioner, for the present, I need consider only the one
that the said order was issued in violation of the principles of natural justice in
as much as the petitioner was not given any notice or an opportunity of
hearing before passing the order.
2. Though the learned Government Pleader has obtained instructions
in the matter, the aforesaid contention of the petitioner does not seem to be in
dispute. In view of this, I quash Ext.P5. It is clarified that it will be open to
the 1st respondent to initiate fresh proceedings against the petitioner, but
however, it shall only be after notice and hearing the petitioner.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
Rp