M.R.Raju vs State Of Kerala
2022 Latest Caselaw 4851 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
            THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
     FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
                          WP(C) NO. 14308 OF 2022
PETITIONER/S:

     1       M.R.RAJU, AGED 73 YEARS
             S/O. RAGHAVAN, KATHALIKALAYIL HOUSE, PERUMBAIKKADU
             P.O, KOTTAYAM DISTRICT, DISTRICT.

     2       MRS.ANNAMMA CHACKO, AGED 64 YEARS
             W/O.CHACKO (LATE), CHIRAYIL HOUSE, KOTHANELLOOR P.O,
             KOTTAYAM DISTRICT.

             BY ADVS.
             M.G.KARTHIKEYAN
             NIREESH MATHEW



RESPONDENT/S:

     1       STATE OF KERALA,
             REP. BY TAXES (A) DEPARTMENT, GOVT. SECRETARIAT,
             GOVT. OF KERALA, THIRUVANANTHAPURAM-695 001.

     2       THE EXCISE COMMISSIONER,
             COMMISSIONERATE OF EXCISE, EXCISE HEAD QUARTERS,
             NANDAVANAM, THIRUVANANTHAPURAM-695 033.

     3       THE DEPUTY COMMISSIONER OF EXCISE, EXCISE DIVISION
             OFFICE, COLLECTORATE P.O, KOTTAYAM-686 002.

     4       THE CIRCLE INSPECTOR OF EXCISE, EXCISE CIRCLE
             OFFICE, MINI CIVIL STATION, KOTTAYAM-686 001.


OTHER PRESENT:

             SMT PARVATHY .K GP


         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   29.04.2022,    THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) No.14308/2022

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                               JUDGMENT

The petitioners have approached this Court

seeking a direction to the 1st respondent to

consider and pass orders on Ext.P5, an

application to restore the licenses to the

petitioners forthwith without conducting the

resale of the toddy shops, within a time

frame.

2. Having considered the submissions of the

counsel for the petitioners as well as the

respondents, I am of the opinion that this

writ petition itself can be disposed of with a

direction.

3. Accordingly, there will be a direction to the

1st respondent to consider and pass orders on

Ext.P5 before the scheduling of resale, after

affording an opportunity of hearing to the

petitioners, either through physical or online WP(C) No.14308/2022

..3..

mode, within a period of one month from the

date of receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/-

MOHAMMED NIAS C.P.

JUDGE bka/30.04.2022 WP(C) No.14308/2022

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APPENDIX OF WP(C) 14308/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE PHOTOCOPY OF THE ORDER DATED 12.04.2022 PASSED BY THE 2ND RESPONDENT.

Exhibit P2 TRUE PHOTOCOPY OF THE ORDER DATED 14.02.2022 PASSED BY THE 3RD RESPONDENT.

Exhibit P3 TRUE PHOTOCOPY OF THE ORDER DATED 02.03.2022 IN CC.NO.2318/2016 PASSED BY THE JUDL. FIRST CLASS MAGISTRATE COURT-I, ETTUMANOOR.

Exhibit P4 TRUE PHOTOCOPY OF THE REQUEST DATED 05.03.2022 SUBMITTED TO THE 4TH RESPONDENT WITH COPY TO THE 3RD RESPONDENT.

Exhibit P5 TRUE PHOTOCOPY OF THE REQUEST DATED 18.04.2022 SENT TO THE 2ND RESPONDENT.