M.R.Raju vs State Of Kerala
2022 Latest Caselaw 7542 Ker

WP(C) No.20135/2022                        1/3

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
               Friday, the 24th day of June 2022 / 3rd Ashadha, 1944
                            WP(C) NO. 20135 OF 2022 (N)
   PETITIONERS:

      1. M.R.RAJU, AGED 73 YEARS, S/O. RAGHAVAN, KATHALIKALAYIL HOUSE,
         PERUMBAIKKADU P.O, KOTTAYAM DISTRICT.
      2. MRS. ANNAMMA CHACKO, AGED 64 YEARS, W/O. CHACKO (LATE), CHIRAYIL
         HOUSE, KOTHANELLOOR P.O, KOTTAYAM DISTRICT.

   RESPONDENTS:

      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.
      5. ADDL.R5 THE DISTRICT COLLECTOR, COLLECTORATE P.O, KOTTAYAM-686 002
         [ADDL.R5 IS IMPLEADED AS PER ORDER DATED 24/06/2022 IN I.A NO:3/22
         IN WP(C) 20135/2022]


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to pass an order staying the resale of the todday shops in Group
   No.IV of Ettumanoor Excise Range, if any, consequent to Ext.P1 order
   cancelling the licenses without either restoring the license to the
   petitioners or giving preferential right to the petitioners as per Rule
   5(1)(a) of the Kerala Abkari Shops Disposal Rules 2002, pending disposal
   of the above writ petition.


        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S.M.G.KARTHIKEYAN & NIREESH MATHEW, Advocates for the petitioners and of
   GOVERNMENT PLEADER for Respondents (By Order), the court passed the
   following:
 WP(C) No.20135/2022                           2/3




                                          ORDER

Admit.

Learned Government Pleader takes notice for all the respondents.

Ext.P7 order is impugned on the ground of non application of mind in passing the said order, pursuant to Ext.P6 judgment of this court.

The learned Government Pleader seeks time to file statement/counter affidavit.

Post on 01.07.2022.

Till such time, the re-sale of Toddy Shops in Group No.IV of Ettumanoor Excise Range shall stand deferred.

24.06.2022

Sd/- MURALI PURUSHOTHAMAN, JUDGE

24-06-2022 /True Copy/ Assistant Registrar WP(C) No.20135/2022 3/3

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

Exhibit P6 TRUE PHOTOCOPY OF THE JUDGMENT DATED 29.04.2022 IN W.P.C NO. 14308/2022 PASSED BY THIS HON'BLE COURT. Exhibit P7 TRUE COPY OF THE ORDER GO(MS) NO. 474/2022/T.D. DATED 14.06.2022 PASSED BY THE 1ST RESPONDENT.