Disposed

K.T.Sankaran, v. the Excise Commissioner

Kerala HC9 Jun 2023WP(C)/2142/2023

Case brief

AI extract

What is this about?

The court directed the Excise Commissioner to finalise a show-cause notice regarding the suspension of a toddy shop licence after considering the petitioner's reply. Referring to Sobhanan, the court stayed coercive proceedings until the notice was resolved.

What did the court decide?

Directions to finalise the show cause notice within one month and restrain reauction or coercive proceedings in the interim.

K.T.Sankaran, Vs the Excise Commissioner — Service and Employment | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE C.S.DIAS

¶4

FRIDAY, THE 9^TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945

¶5

WP(C) NO. 2142 OF 2023

¶6

PETITIONERS:

¶7

K.T.SANKARAN, AGED 69 YEARS

¶8

S/O.THUNDU, KADAVATHU PARAMBIL HOUSE, CHENNIKKARA, KATTILAPOOVAM P.O, MADAKKATHARA, THRISSUR DISTRICT., PIN – 680028

¶9

BY ADV NIREESH MATHEW

¶10

RESPONDENTS:

¶11

1 THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, EXCISE HEADQUARTERS, NANDAVANAM, THIRUVANANTHAPURAM., PIN – 695033

¶12

2 THE DEPUTY COMMISSIONER OF EXCISE, EXCISE DIVISION OFFICE, AYYANTHOLE, THRISSUR., PIN – 686003

¶13

3 THE STATION HOUSE OFFICER, ALOOR POLICE STATION, KALLETTUMKARA, THRISSUR DISTRICT., PIN - 680683

¶14

SRI.SREEJITH.V.S., G.P.

¶15

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

WP(C) NO. 2142 OF 2023

¶17

:: 2 ::

¶18

JUDGMENT

¶19

Dated this the 9^th day of June 2023

¶20

The writ petition is filed to quash Ext.P1 suspension order/show cause notice issued by the first respondent.

¶21

The petitioner’s case is that he is the licensee of the toddy shop in Group No.IV of the Irinjalakkuda Excise Range, Thrissur district. Surprisingly, on 17.1.2023, the petitioner was served with Ext.P1 suspension order/show cause notice, asking him to show cause why his licence should not be cancelled. The petitioner has submitted Ext.P2 reply to Ext.P1 notice on 19.1.2023. However, the respondents have not taken any action on the same. The petitioner’s toddy shops are not functioning in view of suspension order passed. The action of the respondents is in violation of the principles laid down by this court in Sobhanan and others v. State of Kerala [2011 (2) KHC 962]. Hence, there may be a direction to the respondents to finalise Ext.P1, after adverting to Ext.P2 reply submitted by the petitioner, in accordance with law and expeditiously. Hence, the writ petition.

¶22

WP(C) NO. 2142 OF 2023

¶23

:: 3 ::

¶24

Heard Sri.Nireesh Mathew, the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents.

¶25

Having considered the pleadings and materials on record and taking note of the fact that the petitioner has already submitted Ext.P2 reply to Ext.P1 notice, I deem it appropriate to direct the first respondent to consider and finalise Ext.P1.

¶26

Resultantly, I dispose of the writ petition as follows:

¶27

The first respondent is directed to consider and finalise Ext.P1 show cause notice, after adverting to Ext.P2 reply submitted by the petitioner, in accordance with law and as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of the judgment, after affording the petitioner an opportunity of being heard. Until such time orders are passed on Ext.P1, the respondents shall not reauction the todday shops or take any further coercive proceedings.

¶28

The writ petition is ordered accordingly.

¶29

SD/C.S.DIAS

¶30

jes

¶31

WP(C) NO. 2142 OF 2023

¶32

:: 4 ::

¶33

APPENDIX OF WP(C) 2142/2023

¶34

PETITIONER’S EXHIBITS:

¶35

Exhibit-P1	A TRUE PHOTOCOPY OF THE ORDER-CUM-SHOW CAUSE NOTICE NO.EXC/50/2023-XA2 DATED 17.01.2023 ISSUED BY THE 1ST RESPONDENT
Exhibit-P1(a)	TRUE ENGLISH TRANSLATION OF EXT.P1.
Exhibit-P2	A TRUE PHOTOCOPY OF THE REPLY DATED 19.01.2023 SENT TO THE 1ST RESPONDENT
Exhibit-P3	TRUE PHOTOCOPY OF THE FIR IN CRIME NO.1035/2022 OF ALOOR POLICE STATION
Exhibit-P3(a)	TRUE ENGLISH TRANSLATION OF EXT.P3.
Exhibit-P4	TRUE PHOTOCOPY OF THE DECISION, SOBHANAN & OTHERS VS. STATE OF KERALA REPORTED IN 2011(2) KHC 962.

¶36

// TRUE COPY //

¶37

P.S. TO JUDGE

K.T.Sankaran, v. the Excise Commissioner

Case brief

What is this about?

What did the court decide?

K.T.Sankaran, v. the Excise Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Saravanan N. Vs Punjab National Bank by Its Authorized Officer

Saron R.S., Vs U.C.O. Bank

M/S.Pharma Link, Rep by Its Managing Partner Vs South Indian Bank, Rep by Its Authorised Officer/Chief Manager.

Umayya, Vs Canara Bank

Brijesh M, Vs Punjab National Bank

Shefin.S.Yoosaf Vs Indian Bank