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2019 Supreme(Online)(KER) 49443

K.P. PUSHKARAKSHAN – Appellant
Versus
THE CIRCLE INSPECTOR OF EXCISE AND OTHERS – Respondent


Advocates:
['K REGHU KOTTAPPURAM', '', 'MUKESH M', 'MAHESH KOTTAPPURAM R', 'MURUKESH REGHU', 'GOVERNMENT PLEADER']

Since the issues raised in these writ petitions are

same, the writ petitions are heard together and being

disposed of by this common judgment.

2. W.P.(C).No.27555 of 2018:- The petitioner, who is

one of the licensees of Toddy shop No.40 namely the

'Alumchuvadu Shop' under Ettumanoor Range in Kottayam

District, which was in existence since 2002-03 in building

No.IX/641 of Aymanam Panchayath, situated in 4.05 Ares

of land comprised in Survey No.490/1-2 in Block No.7 of

Aymanam Village, owned by one Thressiamma, has filed

this writ petition under Article 226 of the Constitution of

India, seeking a writ of certiorari to quash Ext.P1 notice

dated 03.01.2018 of the 2nd respondent and Ext.P14 order

dated 30.07.2018 of 3rd respondent. The petitioner has

also sought for a writ of mandamus commanding

respondents 1 to 3 to permit him to re-establish toddy

shop No.40 'Alumchuvadu Shop'.

2.1. On 03.09.2018, when this writ petition came up

for admission, it was submitted by the learned Senior

Government Pleader that before cancellation of licence by

Ext.P14 order, the petitioner was issued with a show cause

notice. The learned Senior Government Pleader sought

time

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