A.Manoj vs The State Of Kerala
2021 Latest Caselaw 14873 Ker

WP(C) NO. 13493 OF 2019             1



                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
                          WP(C) NO. 13493 OF 2019
PETITIONER/S:

               A.MANOJ,
               AGED 46 YEARS
               S/O. AMBUJAKSHY, KALARICKAL HOUSE, MUHAMMA, P.O
               CHERTHALA, ALAPPUZHA DISTRICT.

               BY ADV N.RAGHURAJ



RESPONDENT/S:

      1        THE STATE OF KERALA,
               REPRESENTED BY THE PRINCIPAL SECRETARY TO
               GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM 695 001

      2        THE DEPUTY SUPERINTENDENT OF POLICE,
               ALAPPUZHA 688 001

      3        THE SUB INSPECTOR OF POLICE,
               ALAPPUZHA NORTH POLICE STATION, ALAPPUZHA 688 003

      4        THE DEPUTY COMMISSIONER OF EXCISE,
               ALAPPUZHA 688 001

      5        JANCY SUDHEENDRAN,
               W/O. SUDHEENDRAN, VELIYEL, THUMBOLI, ALAPPUZHA 688
               008.

      6        ASOKAN,
               S/O. PHALGUNAN, KANDASSERIYIL, THUMBOLI P.O,
               ALAPPUZHA 688 008.

      7        VINEESH,
               S/O. VIJAYAPPAN, VALAPPIL THUMBOLI, ALAPPUZHA 688
               008.
 WP(C) NO. 13493 OF 2019                 2


      8        ANASOOYA,
               KODIVEETTIL (KANDATHIL), THUMBOLI, ALAPPUZHA 688
               008.

      9        SUDHARMA,
               KODIVEETTIL (KANDATHIL), THUMBOLI, ALAPPUZHA 688
               008.

      10       SHAHIN,
               MUTHU MANZIL (VELIYEL), THUMBOLI, ALAPPUZHA 688 008.

      11       RAMANI (ANGANAVADI TEACHER).,
               ANGANAVADI NO. 22, THUMBOLI, ALAPPUZHA 688 008.

      12       ADDL.R12. ARYAD GRAMA PANCHAYAT
               KOMALAPURAM, AVALOOKKUNNU.P.O., ALAPPUZHA-688006,
               REPRESENTED BY ITS SECRETARY.

      13       ADDL.R13. THE SECRETARY,ARYAD GRAMA PANCHAYAT,
               KOMALAPURAM, AVALOOKKUNNU.P.O., ALAPPUZHA-688006.
               (ARE IMPLEADED AS PER ORDER IN I.A. 4/2019 DATED 20-
               08-2019).

              BY ADVS.
              SRI.R.AZAD BABU
              SRI.K.S.HARIHARAPUTHRAN
              SMT.BHANU THILAK



OTHER PRESENT:

               SRI.N.B.SUNIL NATH, GP




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   15.07.2021,          THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 13493 OF 2019              3




                        P.V.KUNHIKRISHNAN, J
                  --------------------------------------------
                      W.P.(C.) No.13493 of 2019
                     --------------------------------------
                 Dated this the 15th day of July, 2021


                                JUDGMENT

The counsel for the petitioner submitted that the toddy

shop is now not functioning, due to labour strike.

Therefore, this writ petition is closed, with liberty to the

petitioner to file it again, if necessary in future. All the

contentions raised in the writ petition are left open.

sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 13493/2019

PETITIONER ANNEXURE

EXHIBIT P1 TRUE PHOTOCOPY OF THE ORDER NO.

EDOALP/169/2019-A1 DATED 30-03-2019 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P2 TRUE PHOTOCOPY OF THE INTERDIVISION TODDY TRANSPORT PERMIT DATED 08-04-2019 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P3 TRUE PHOTOCOPY OF THE COMPLAINT DATED 19-

04-2019 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P3 TRUE PHOTOCOPY OF COMPLAINT DATED 19-04-

2019 BY LAIJU BEFORE THE 3RD RESPONDENT.

EXHIBIT P4 TRUE PHOTOCOPY OF THE RECEIPT DATED 19-

04-2019 ISSUED BY THE OFFICE OF THE 3RD RESPONDENT.

EXHIBIT P5 TRUE PHOTOCOPY OF THE COMPLAINT DATED 19-

04-2019 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P6 GENERAL O.P. TICKET ISSUED TO SRI. LAIJU FROM GENERAL HOSPITAL, ALAPPUZHA.

EXHIBIT P7 O.P. TICKET ISSUED TO SRI. LAIJUFROM THE GOVERNMENT T.D. MEDICAL COLLEGE HOSPITAL, ALAPPUZHA.

EXHIBIT P8 TRUE PHOTOCOPY OF THE REPLY DATED 19/6/2019

EXHIBIT P9 TRUE PHOTOCOPY OF THE APPLICATION DATED 23.06.2019.

EXHIBIT P10 TRUE PHOTOCOPY OF THE COMPLAINT DATED

10.07.2019.

EXHIBIT P11 TRUE PHOTOCOPY OF THE RELEVANT PAGE OF THE LICENSE ISSUED TO T.S. NOS.31 OF ALAPPUZHA EXCISE RANGE.

EXHIBIT P11(a) TRUE PHOTOCOPY OF THE RELEVANT PAGE OF THE LICENSE ISSUED TO T.S. NO. 32 OF ALAPPUZHA EXCISE RANGE.

EXHIBIT P11(b) TRUE PHOTOCOPY OF THE RELEVANT PAGE OF THE LICENSE ISSUED TO T.S.NO. 33 OF ALAPPUZHA EXCISE RANGE.

EXHIBIT P11(c) TRUE PHOTOCOPY OF THE RELEVANT PAGE OF THE LICENSE ISSUED TO T.S.NO. 34 OF ALAPPUZHA EXCISE RANGE.

EXHIBIT R5(a) CERTIFICATED DATED 17/5/2019 ISSUED BY THE SECRETARY, ARYAD PANCHAYAT.

EXHIBIT R5(b) THREE PHOTOGRAPHS SHOWING THE TODDY SHOP BUILDINGS.

EXHIBIT R5(c) TRUE COPY OF NOTICE DATED 13.6.2019 ISSUED BY THE SECRETARY, ARYAD PANCHAYAT TO THE PETITIONER.