S.Shaiju vs State Of Kerala
2021 Latest Caselaw 58 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942

                   WP(C).No.26462 OF 2020(G)

PETITIONER/S:

            S.SHAIJU, AGED 43 YEARS
            S/O SIVADASAN, LICENSEE TS NO 6, GROUP-II,
            THIRUVANANTHAPURAM EXCISE RANGE,
            THIRUVANANTHAPURAM , RESIDING AT CHARUVILA VEEDU,
            PERUNGUZHI P.O.AZHOOR VILLAGE, CHIRAYINKEEZHU,
            THIRUVANANTHAPURAM

            BY ADV. SRI.JELSON J.EDAMPADAM

RESPONDENT/S:

      1     STATE OF KERALA, REPRESENTED BY THE PRINCIPAL
            SECRETARY TO GOVERNMENT, TAXES (EXCISE) DEPARTMENT,
            GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695
            001.

      2     COMMISSIONER OF EXCISE
            GOVERNMENT OF KERALA, NANDAVANAM,
            VIKAS BHAVAN P.O. THIRUVANANTHAPURAM-695 033.

      3     THE DEPUTY COMMISSIONER OF EXCISE, NANDAVANAM,
            VIKAS BHAVAN P.O.THIRUVANANTHAPURAM-695 033.

      4     THE DEPUTY COMMISSIONER OF EXCISE,
            KOTTAKKAKAM, FORT P.O.-695 001.

      5     THE CIRCLE INSPECTOR OF EXCISE,
            THIRUVANANTHAPURAM EXCISE RANGE, KALADI
            P.O.THIRUVANANTHAPURAM-695 002.

      6     THE EXCISE RANGE INSPECTOR,
            THIRUVANANTHAPURAM EXCISE RANGE,
            MANNANTHALA P.O.THIRUVANANTHAPURAM-695 015.

      7     THE VILLAGE OFFICER,
            NEMOM VILLAGE, NEMOM, THIRUVANANTHAPURAM.


            SR.GP BIMAL K NATH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.26462 OF 2020(G)

                                 2




                          JUDGMENT

The grievance of the petitioner herein is that Ext.P9

appeal submitted by the petitioner before the second

respondent is not being considered. The learned senior

Government Pleader clarified that the application is to be

dealt with Rule 5D of the Kerala Abkari Shop Disposal Rules

2002. I am inclined to dispose of the writ petition itself, with

a direction to the second respondent to take up, consider and

dispose of Ext.P9 accordingly, strictly in accordance with law,

as expeditiously as possible, at any rate, within a period of

two months from the date of production of a copy of this

judgment.

Sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C).No.26462 OF 2020(G)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE RELEVANT PAGES OF THE GAZETTE NOTIFICATION FIXING THE BOUNDARIES OF THE TODDY SHOPS ALLOTTED TO THE PETITIONER DATED 19.3.2008

EXHIBIT P2 THE TRUE COPY OF THE ORDER NO EXC/6364/19/X AJ-TVPM (2) DATED 19.5.2020 ISSUED IN FAVOUR OF THE PETITIONER ALLOTTING SHOPS

EXHIBIT P3 THE TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT BEARING NO EDO TVM/546/2020-T4 DATED 20.5.2020 TO THE PETITIONER DIRECTING TO SUBMIT AGREEMENT

EXHIBIT P4 THE TRUE COPY OF THE LOCATION SKETCH AND CERTIFICATE ISSUED BY THE VILLAGE OFFICER SHOWING THAT THE TODDY SHOP IS WITHIN THE LIMITS PRESCRIBED BY THE GOVERNMENT DATED 24.3.2020

EXHIBIT P5 THE TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ON 14.5.2020 REQUESTING TO ISSUE A LICENSE FOR THE TODDY SHOP IN THE LOCATION

EXHIBIT P6 THE TRUE COPY OF THE STATEMENT FILED BY THE 3RD RESPONDENT IN W.P.(C) NO 11521 OF 2020 DATED 24.6.2020

EXHIBIT P7 THE TRUE COPY OF THE ORDER ISSUED BY THE 4TH RESPONDENT DATED 17.6.2020 BARING NO E D0TVM/546/2020-T 4 WP(C).No.26462 OF 2020(G)

REJECTING THE APPLICATION FOR LICENSE FILED BY THE PETITIONER

EXHIBIT P8 THE TRUE COPY OF THE JUDGMENT IN W.P.(C) NO 11521 OF 2020 DATED 23RD JUNE 2020 OF HONOURABLE HIGH COURT COURT OF KERALA

EXHIBIT P9 THE TRUE COPY OF THE APPEAL MEMORANDUM FILED BEFORE THE 2ND RESPONDENT AGAINST THE EXHIBIT P6 ORDER DATED 27..10.2020

RESPONDENT'S/S EXHIBITS NIL