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2025 Supreme(Online)(Ker) 12728

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
REJI ABRAHAM – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
V.SETHUNATH THOMAS ABRAHAM (K/1051/2010), SREEGANESH U., LAKSHMINARAYAN.R, GAUTHAM KRISHNAN K.G., ADV.SRI RIYAL DEVASSY, GOVERNMENT PLEADER

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 ofÏcials, 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 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. P

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