The court disposed of the writ petition without expressing views on merits, directing the 1st respondent to conclude the show cause proceedings regarding licence cancellation expeditiously.
Direction to the 1st respondent to take the show cause proceedings to a logical conclusion expeditiously in accordance with law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
MONDAY, THE 7TH DAY OF FEBRUARY 2022 / 18TH MAGHA, 1943
WP(C) NO. 7413 OF 2021
PETITIONER:
MIDHUN DHANAPALAN,S/O DHANAPALAN V.P, ANAKKUZHIKKAL, VARANAM P.O.CHERTHALA TALUK, DIST, ALAPPUZHA-688 555.
BY ADVS. K.REGHU KOTTAPPURAM SRI.R.MAHESH (KOTTAPPURAM)
RESPONDENTS:
BY ADVS.SHRI.M.G.KARTHIKEYAN ADVOCATE GENERAL OFFICE KERALA, SHRI.P.VIJAYAKUMAR, ASG OF INDIA NIREESH MATHEW, MANU S., ASG OF INDIA
SR.G.P SMT. RESMI.K.M
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.7413 of 2021
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JUDGMENT
The 5th respondent is the holder of the privilege to conduct toddy shops in Group IV of Ettumanoor
Range in Kottayam Division. According to the petitioner, the 5th respondent had been the privileged holder since the year 2014. The petitioner alleges that the 5th respondent is residing abroad and that every year he comes down to get the privilege extended and thereafter leaves India. The nature of business involved is such that
the presence of the licensee at station is necessary. For violation of the provisions of the Abkari Act and Rules thereunder penal consequences ensue against the licensee, apart from cancellation of the licence. The 5th respondent being not in station, his licence is liable to be cancelled, is the contention.
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Pleader has placed on record a proceeding initiated by the Excise Commissioner on 07.09.2021, requiring the 5th respondent to show cause as to why the
licence and privilege in his favour shall not be cancelled. The show cause notice has been issued essentially for the reasons as contended by the petitioner in the writ petition. Be that as it may, it is for the authorities to take the proceeding to a logical conclusion.
Accordingly, without expressing anything on the merits, the writ petition is disposed of directing the 1st respondent to take the proceedings initiated under Annexure R1(a) to a logical conclusion in accordance with law, expeditiously.
Sd/Sathish Ninan, Judge
vdv
WP(C) NO.7413 of 2021
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APPENDIX OF WP(C) 7413/2021
PETITIONER EXHIBITS
| EXHIBIT P1 | A PHOTO COPY OF REPRESENTATION DATED 19.3.21 OF PETITIONER |
|---|---|
| EXHIBIT P2 | A PHOTO COPY OF STATEMENT OF TODDY SHOP LICENSEES IN GROUP 1 TO GROUP IV DURING 2018-19 IN ETTUMANOOR RANGE |
| EXHIBIT P20 | A PHOTO COPY OF LETTER DATED 22/2/2021 SENT BY E-MAIL BY EXCISE COMMISSIONER |
| Exhibit P5 | A PHOTOCOPY OF LETTER DATED 15/11/2021 ISSUED BY EXCISE COMMISSIONER TO THE PETITIONER |
| Exhibit P6 | A PHOTOCOPY OF PRESS REPORT DATED 2/12/2021 IN THE DAILY MALAYALA MANORAMA |
| Exhibit P3 | A PHOTOCOPY OF LETTER DATED 22.2.2021 BY E-MAIL SENT BY EXCISE COMMISSIONER TO ALL DEPUTY COMMISSIONERS. |
| Exhibit P4 | A PHOTOCOPY OF RELEVANT PAGE OF INDIAN PASSPORT WITH NO.T 4841762 ISSUED BY THE PASSPORT OFFICER TO THE 5TH RESPONDENT. |
Midhun Dhanapalan
The Excise Commissioner
The Deputy Commissioner of Excise, Kottayam
The Circle Inspector of Excise, Ettumanoor
The District Collector, Kottayam
Jokutty, Muttombalam Village
Sathish Ninan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
