IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

WEDNESDAY, THE 5^TH DAY OF APRIL 2023 / 15TH CHAITHRA, 1945 WP(C) NO. 12046 OF 2023 PETITIONER:

P AJAYA KUMAR AGED 58 YEARS S/O LATE KANDANKUTTY, LICENSEE, HOTEL SEA QUEEN, 13/B, ELYZIUM COURT, ARAVIND GHOSH ROAD, KOZHIKODE, PIN – 673001 BY ADVS.

THOMAS ABRAHAM MERCIAMMA MATHEW ASWIN.P.JOHN R.ANANTHAPADMANABAN PAUL BABY RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, TAXES DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001

2 COMMISSIONER OF EXCISE EXCISE COMMISSIONERATE, VIKAS BHAVAN P.O., NANDHAVANAM, THIRUVANANTHAPURAM, PIN – 695033

3 DEPUTY EXCISE COMMISSIONER OFFICE OF THE DEPUTY EXCISE COMMISSIONER, CIVIL STATION D BLOCK, CIVIL STATION P.O., KOZHIKODE, PIN – 673020

4 EXCISE CIRCLE INSPECTOR OFFICE OF THE EXCISE CIRCLE INSPECTOR, CIVIL STATION, CIVIL STATION P.O., KOZHIKODE, PIN – 673020

5 EXCISE INSPECTOR EXCISE RANGE OFFICE, KOZHIKODE, SAHAKARANA BHAVAN, PUTHIYARA, KOZHIKODE, PIN – 673004 BY ADV ADV T.R.RENJITH – G.P.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner is a licensee having valid FL-3 license. As per Ext.P1 FL-3 license has been renewed for the year 2023-2024. Now the petitioner is aggrieved by the inspection conducted by the 5^th respondent, and C.R. No.62/2023 registered as against him alleging that the petitioner had violated Rule 2 of Kerala Foreign Liquor Rules. Ext.P2 is the occurrence report and Ext.P3 is the Mahazar. At the time of inspection, samples were collected from the liquor kept for sale by the petitioner, and were sent for chemical analysis. The petitioner apprehends proceedings against him including the suspension and cancellation of the license as contemplated under Section 26 of the Akbari Act read with Rule 33 of Kerala Foreign Liquor Act.

2. In such circumstances the petitioner submitted Ext.P7 representation before the 2^nd respondent, highlighting his grievances, with respect to the proceedings initiated. The prayer sought by the petitioner in this writ petition is for a direction to the 2^nd respondent to consider Ext.P7 representation, before further proceedings are initiated against him on the basis of Exts.P2 and P3.

3. Considering all the relevant aspects, I am of the view that, as the petitioner has highlighted his grievances by way of submitting Ext.P7 before the 2^nd respondent it is only proper that, a decision thereon be taken as expeditiously as possible.

In such circumstances, this writ petition is disposed of with the following directions: The 2^nd respondent shall take up Ext.P7 representation and pass appropriate orders thereon in accordance with law after giving the petitioner a reasonable opportunity, as expeditiously as possible, at any rate within a period of one month from the date of production of copy of this judgment. It is further clarified that such a decision shall be taken before initiating further proceedings against the petitioner pursuant to Ext.P3.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE scs APPENDIX OF WP(C) 12046/2023 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE FL-3 LICENSE RENEWAL CERTIFICATE FOR THE YEAR 2023-

2024 ISSUED TO THE PETITIONER DATED

30.03.2023 EXHIBIT P2 THE TRUE COPY OF THE CRIME AND OCCURRENCE REPORT IN C.R.NO.62/2023 OF KOZHIKODE EXCISE RANGE DATED

23.03.2023 EXHIBIT P3 THE TRUE COPY OF THE MAHAZAR PREPARED BY THE EXCISE OFFICIALS ON 25/11/2021 EXHIBIT P4 THE TRUE COPY OF THE REPORT OF ANALYSIS DATED 11/10/2022 OF THE CHEMICAL EXAMINER'S LABORATORY DEPARTMENT EXHIBIT P5 THE TRUE COPY OF THE JUDGMENT DATED

11/9/2013 IN S.T. CASE NO. 207 OF 2010 ON THE FILE OF JUDICIAL FIRST-CLASS MAGISTRATE-I, KOZHIKODE EXHIBIT P6 THE TRUE COPY OF THE INTERIM ORDER DATED 24/1/2023 IN W.P.(C) NO.2212 OF

2023 EXHIBIT P6(a) THE TRUE COPY OF THE INTERIM ORDER DATED 3/2/2023 IN W.P.(C) NO.3685 OF

2023 EXHIBIT P7 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY