Kerala High Court
Reji Abraham vs State Of Kerala on 13 May, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:33810
WP(C) NO. 16658 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 13TH DAY OF MAY 2025 / 23RD VAISAKHA, 1947
WP(C) NO. 16658 OF 2025
PETITIONER:
REJI ABRAHAM,
AGED 57 YEARS
S/O. ABRAHAM, PROPRIETOR, CHUNKATHIL BAKERY,
THIRUMOOLAPURAM P.O., THIRUVALLA TALUK,
PATHANAMTHITTA DISTRICT, PIN - 689115
BY ADVS.
V.SETHUNATH
THOMAS ABRAHAM (K/1051/2010)
SREEGANESH U.
LAKSHMINARAYAN.R
GAUTHAM KRISHNAN K.G.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY,
DEPARTMENT OF LOCAL SELF GOVT. INSTITUTIONS,
SECRETARIAT, THIRUVANTHAPURAM, PIN - 695001
2 THE EXCISE COMMISSIONER,
EXCISE COMMISSIONERATE, VIKAS BHAVAN P.O.,
NANDHAVANAM, THIRUVANANTHAPURAM, PIN - 695033
3 THE CIRCLE INSPECTOR OF EXCISE,
OFFICE OF THE EXCISE CIRCLE INSPECTOR,
THIRUVALLA, PIN - 689101
4 THE THIRUVALLA MUNICIPALITY,
REPRESENTED BY ITS SECRETARY,
THIRUVALLA, PIN - 689101
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WP(C) NO. 16658 OF 2025
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5 UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO THE DEPARTMENT
OF HEALTH & FAMILY WELFARE, (NATIONAL TOBACCO
CONTROL PROGRAMME (TOBACCO CONTROL),
NIRMAN BHAWAN, MAULANA AZAD ROAD,
NEW DELHI, PIN - 110108
BY ADV.SRI RIYAL DEVASSY, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.05.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO. 16658 OF 2025
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JUDGMENT
Dated this the 13th day of May, 2025
The petitioner is the proprietor of Chunkathil Bakery
which is conducting business within the jurisdiction of the
Thiruvalla Municipality in Ward No.18 and Building No.14.
2. It is alleged that the petitioner's brother, Saji
Abraham, was caught with prohibited Tobacco items by Excise
officials, but not from the petitioner's premises. It is alleged by
the Excise that 8 Kg Prohibited Tobacco products were seized
from the petitioner's brother, Saji Abraham, and he was fined
by the Excise Department.
3. A letter was sent by the Excise Circle Inspector,
Thiruvalla to the Secretary, Thiruvalla Municipality to cancel
the licence of the petitioner's firm. It can be seen that Ext.P2
does not contain the details of the seizure of Prohibited
Tobacco products, when it was seized, whether there was any
seizure Mahazar or not is not mentioned. There is no reference
to any crime number. The Excise Circle Inspector, Thiruvalla
can only inform the matter to the Municipal Secretary and he
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WP(C) NO. 16658 OF 2025
cannot direct the Municipal Secretary to cancel the licence of
the petitioner's Firm, contends the petitioner.
4. This Court in Future Gaming Solutions India
Private Ltd v. Palakkad Municipality (Neutral Citation =
Number 2013:KER:44343) (WP(C) 28831/2013 (D)) held
that "It is not in dispute that the petitioner was not heard
before issuing Ext.P2. If at all the issue of Ext.P1 was without
any justification, any proceedings to cancel the same could
have been initiated only after issuing notice to and hearing
the petitioner. Therefore, Ext.P2 cannot be sustained".
5. Hence, the writ petition has been filed to quash
Ext.P3 Cancellation Order and to direct the municipality to
reconsider the same.
6. I have heard the learned counsel for the petitioner,
the learned Government Pleader representing respondent
Nos.1 to 3, the learned Standing Counsel representing the 4 th
respondent and the learned DSG of India representing the 5 th
respondent.
7. From the pleadings, it is evident that against Ext.P3
memo, the petitioner has submitted Ext.P5 reply. It is the
specific case of the petitioner that he is innocent of the
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WP(C) NO. 16658 OF 2025
allegation and he has no role in the alleged illegal sale of
tobacco. This is a matter which has to be examined by the 4 th
respondent independently.
In such circumstances, the writ petition is disposed of,
directing the 4th respondent to consider Ext.P5 reply submitted
by the petitioner and take appropriate decision on Ext.P3
memo within a period of two weeks, after giving an
opportunity of hearing to the petitioner.
Sd/-
N.NAGARESH
JUDGE
GBG
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WP(C) NO. 16658 OF 2025
APPENDIX OF WP(C) 16658/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE LICENSE ISSUED BY
THE THIRUVALLA MUNICIPALITY DATED 1-4-
2024 UNDER SEC. 447 OF THE KERALA
MUNICIPALITIES ACT,1994
Exhibit P2 THE TRUE COPY OF THE LETTER ISSUED BY
THE EXCISE CIRCLE INSPECTOR,
THIRUVALLA TO SECRETARY, THIRUVALLA
MUNICIPALITY DATED 06-03-2025
Exhibit P3 THE TRUE COPY OF THE ORDER ISSUED BY
THE SECRETARY, THIRUVALLA MUNICIPALITY
DATED 26-03-2025
Exhibit P4 THE TRUE COPY OF THE PHOTO OF THE
SEALED SHOP ALONG WITH NOTICE TO THE
PUBLIC FIXED ON 26-03-2025
Exhibit P5 THE TRUE COPY OF THE REPLY GIVEN BY
THE PETITIONER DATED 3-4-2025
Exhibit P6 THE TRUE COPY OF THE S.R.O
NOTIFICATION NO. 788 / 2016 ISSUED BY
THE GOVT. OF KERALA, TAXES DEPARTMENT
DATED 27-12-2016
Exhibit P7 THE TRUE COPY OF THE G.O(MS) NO. 155 /
2012/H&FW ISSUED BY THE GOVT. OF
KERALA, HEALTH DEPARTMENT DATED 31-05-
Exhibit P8 THE TRUE COPY OF THE CIRCULAR ISSUED
BY THE L.S.G.D ADDL. SECRETARY DATED
26-04-2011
