Partly allowed
K.M.Joshi v. State of Kerala
Kerala HCWP(C)/1451/2006
Case brief
from the order text
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HIGH COURT OF KERALA AT ERNAKULAM PRESENT :…
What the court decided
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN
THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929
WP(C).No. 1451 of 2006(W)
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PETITIONER: ACCUSED 1 & 2:
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K.M.JOSHI, KUZHIKKATTU HOUSE, KONNATHADI P.O. VELLATHOOVAL VIA, IDUKKI DISTRICT.
BY ADV. SRI.K.BABU THOMAS SMT.MARYKUTTY BABU
RESPONDENTS:
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1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, EXCISE DEPARTMENT, SECRETARIAT, TRIVANDRUM.
2. THE EXCISE COMMISSIONER, COMMISSIONER OF EXCISE, TRIVANDRUM.
3. THE ASSISTANT EXCISE COMMISSIONER, THODUPUZHA, IDUKKI.
4. THE CIRCLE INSPECTOR OF EXCISE, UDUMBANCHOLA, IDUKKI.
5. MADHYA NIRODHANA SAMITHI, PANIKKANKUDI UNIT, PANIKKANKUDI P.O. UDUMBANCHOLA, IDUKKI, REP. BY ITS PRESIDENT..
R1 TO R4 BY GOVERNMENT PLEADER SRI.P.K.RAVIKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) NO.1451/2006
APPENDIX
PETITIONERS EXHIBITS
EXT.P1:- COPY OF THE LICENSE ISSUED BY THE 3RD RESPONDENT. DT.4.5.2005. EXT.P2:- COPY OF THE REPRESENTATION TO THE 3RD RESPONDENT DT. 29.3.04. EXT.P3:- COPY OF THE JUDGMENT IN WPC. NO.27930/04 DT. 21.3.05. EXT.P4:- COPY OF THE WRITTEN OBJECTION-CUM REPRESENTATION DT. 7.7.05. EXT.P5:- COPY OF THE ORDER NO.XA2-27521/04 DT. 12.7.05.
EXT.P6:- COPY OF THE NOTICE ISSUED TO THE PETITIONER DT. 19.7.05. EXT.P7:- COPY OF THE JUDGMENT IN WPC. NO.22103/05.DT. 21.10.05. EXT.P8:- COPY OF THE ORDER NO.XA2-27521/04. 23.12.05. EXT.P9:- COPY OF THE NOTICE DT. 10.1.06.
/ TRUE COPY/
P.A. TO JUDGE
tss.
THOTTATHIL B. RADHAKRISHNAN, J.
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Dated this the 7th day of February, 2008
From 1985, an Abkari shop is located in the site where the petitioner conducts the shop. By the impugned order, Ext.P8, that has been ordered to be shifted, even though it was noticed that in terms of G.O(P).No.68/04/TD, dated 04/05/2004, the shop could be located in the site in question. In issuing Ext.P8 order, the Excise Commissioner acted on a complaint of the local people who had a Madya Nirodhana Samithi. Whatever be the quality of that order, the fact remains that from 17/01/2006 it stands stayed as per the interim order of this Court. With the passage of time, that status quo is to be let to continue for the current Abkari year and leaving the Government and the Excise Commissioner to decide the location of the shop in question for the next Abkari year.
In the result, the interim order dated 17/01/2006 is made absolute and it is directed that Ext.P8 order will stand suspended
W.P.(C).No.1451/2006-W
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for the current Abkari year and the Excise Commissioner shall decide on the issue of continuing the toddy shop in the site in question in relation to the grant of licence for the next Abkari year.
This writ petition is disposed of as above.
Sd/-
THOTTATHIL B.RADHAKRISHNAN, Judge
ms
K.M. JOSHI
THE STATE OF KERALA
THE EXCISE COMMISSIONER, TRIVANDRUM
THE ASSISTANT EXCISE COMMISSIONER, THODUPUZHA
THE CIRCLE INSPECTOR OF EXCISE, UDUMBANCHOLA
MADHYA NIRODHANA SAMITHI
THOTTATHIL B. RADHAKRISHNAN
As recorded by the court registry
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