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2026 Supreme(Online)(Ker) 30369

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Murali Purushothaman, J
Raveendran K. – Appellant
Versus
State Of Kerala – Respondent
WP(C) No. 17479 of 2026



Advocates:
For the Appellants/Petitioners: Nireesh Mathew
For the Respondents: Devishree

When a show-cause notice is issued and a reply is submitted, the statutory authority is under a duty to consider the response and conclude proceedings expeditiously, ensuring the principles of natural justice are followed.

Headnote:The petitioner filed this writ petition challenging the continued suspension of his toddy shop licenses following an allegation that samples contained Ethyl alcohol exceeding the permissible limit of 8.1% v/v. A case was registered under Section 57(a) of the Abkari Act. The petitioner submitted a reply (Ext.P5) to the show-cause notice (Ext.P4) but alleged inaction by the authorities in reconsidering the suspension. The core issue was whether the statutory authority should be directed to consider the petitioner's reply and conclude the proceedings within a stipulated timeframe. The court refrained from touching the merits of the contentions and focused on the procedural obligation of the authorities to provide a fair hearing in line with natural justice principles, as the matter was still pending disposal before the licensing authority. The writ petition is accordingly disposed of.

Table of Content
1. licensee's challenge to suspension notice regarding excess alcohol content. (Para 1 , 2)
2. court directive to authority to consider pending representation. (Para 3 , 4)

JUDGMENT

The petitioner was the licensee of toddy shops in Group No.III in Kuttipuram Excise Range in Malappuram division. The petitioner was issued Ext.P4 notice suspending the licences of his toddy shops and requiring him to show cause as to why the licences should not be cancelled, on the ground that the sample of toddy taken from the petitioner’s toddy shops contained Ethyl alcohol having a strength of 9.61% v/v, which exceeds the permissible limit of 8.1% v/v. A case has been registered against the petitioner under Section 57(a) of the Abkari Act. The petitioner submitted Ext.P5 reply to Ext.P4 notice.

2. The petitioner has also relied on various decisions of this Court as well as the Apex Court in support of his contentions raised in Ext.P5. The grievance of the petitioner is that the 2nd respondent has not taken any steps to revoke the order of suspension and is taking steps to cancel the licences of the toddy shops of the petitioner.

3. Heard the learned counsel for the petitioner and the learned Government Pleader.

4. Since the petitioner has submitted Ext.P5 reply to Ext.P4, there will be a direction to the 2nd respondent to consider Ext.P5 and take Ext.P4 to its logical conclusion, after hearing the petitioner, as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a certified copy of this judgment.

The writ petition is accordingly disposed of.

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