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2019 Supreme(Online)(KER) 20236

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

TUESDAY ,THE 26TH DAY OF FEBRUARY 2019 / 7TH PHALGUNA, 1940

WP(C).No. 27555 of 2018

PETITIONER :

K.P. PUSHKARAKSHAN

S/O.PADMANABHAN,

KONDOOR HOUSE, KOTTAYAM

BY ADVS.

K.REGHU KOTTAPPURAM

SRI.R.MAHESH (KOTTAPPURAM)

SRI.M.MUKESH

SRI.MURUKESH REGHU

RESPONDENTS:

1

THE CIRCLE INSPECTOR OF EXCISE,

KOTTAYAM CIRCLE, KOTTAYAM – 686 001

2

THE DEPUTY COMMISSIONER OF EXCISE

KOTTAYAM DIVISION,

KOTTAYAM - 686 001.

3

THE EXCISE COMMISSIONER

COMMISSIONERATE OF EXCISE,

THIRUVANANTHAPURAM - 695 001.

4

THE SECRETARY TO GOVERNMENT

TAXES DEPARTMENT,

GOVT. OF KERALA,

THIRUVANANTHAPURAM - 695 001.

BY SRI K.P.HARISH, SENIOR GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

26.02.2019, ALONG WITH WP(C).27048/2018, WP(C).40266/2018, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).Nos. 27555, 27048 & 40266 of 2018

2

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

TUESDAY ,THE 26TH DAY OF FEBRUARY 2019 / 7TH PHALGUNA, 1940

WP(C).No. 27048 of 2018

PETITIONER :

K.P.PUSHKARAKSHAN,AGED 56 YEARS

S/O. PADMANABHAN, KONDOOR HOUSE, KOTTAYAM.

BY ADVS.

SRI.K.REGHU KOTTAPPURAM

SRI.M.MUKESH

SRI.MURUKESH REGHU

SRI.R.MAHESH (KOTTAPPURAM)

RESPONDENTS:

1

THE CIRCLE INSPECTOR OF EXCISE

KOTTAYAM CIRCLE, KOTTAYAM - 686001.

2

THE DEPUTY COMMISSIONER OF EXCISE

KOTTAYAM DIVISION, KOTTAYAM - 686001.

3

THE EXCISE COMMISSIONER

COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM -

695001.

4

THE SECRETARY TO GOVT.

TAXES DEPARTMENT, GOVT. OF KERALA,

THIRUVANANTHAPURAM - 695001.

BY SR. GOVERNMENT PLEADER SRI.K.P.HARISH

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

26.02.2019, ALONG WITH WP(C).40266/2018, WP(C).27555/2018, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).Nos. 27555, 27048 & 40266 of 2018

3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

TUESDAY ,THE 26TH DAY OF FEBRUARY 2019 / 7TH PHALGUNA, 1940

WP(C).No. 40266 of 2018

PETITIONER:

K.P. PUSHKARAKSHAN,AGED 56 YEARS

S/O. PADMANBHAN, KONDOOR HOUSE,KOTTAYAM.

BY ADVS.

SRI.K.REGHU KOTTAPPURAM

SRI.MURUKESH REGHU

RESPONDENTS:

1

THE CIRCLE INSPECTOR OF EXCISE

KOTTAYAM CIRCLE, KOTTAYAM-686001.

2

THE DEPUTY COMMISSIONER OF EXCISE,

KOTTAYAM DIVISION, KOTTAYAM-686001.

3

THE EXCISE COMMISSIONER,COMMISSIONERATE OF EXCISE,

THIRUVANANTHAPURAM-695001.

4

THE SECRETARY TO GOVERNMENT,TAXES DEPARTMENT, GOVT

OF KERALA, THIRUVANANTHAPURAM-695001.

5

THE ADDITIONAL CHIEF SECRETARY TO GOVT,, GOVT. OF

KERALA, THIRUVANANTHAPURAM-695001.

6

E.P. SALIM,S/O. PRABHAKARAN, EDAMANAPPATTU VEEDU,

ETTUMANOOR, KOTTAYAM-686001.

BY SR.GOVERNMENT PLEADER SRI.K.P.HARISH

BY ADV.SRI.C.S.MANU

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

26.02.2019, ALONG WITH WP(C).27048/2018, WP(C).27555/2018, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).Nos. 27555, 27048 & 40266 of 2018

4

Advocates:
['K REGHU KOTTAPPURAM', '', 'SRI MURUKESH REGHU', 'GOVERNMENT PLEADER', 'SRI C S MANU']

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 to file counter affidavit on behalf of the 2nd

respondent. While listing the matter to 10.09.2018, this

Court ordered that any forfeiture of security amount

pursuant to Ext.P14 order shall be deferred for a period of

ten days.

2.2. During the pendency of this writ petition, the

petitioner has filed I.A.No.2 of 2019 seeking an order to

accept Exts.P16 and P17 as additional documents. The said

interlocutory application was allowed by this Court as per

the order dated 06.02.2019.

2.3. A counter affidavit has been filed by the 2nd

respondent opposing the reliefs sought for in this writ

petition.

3. W.P.(C).No.27048 of 2018:- The petitioner in W.P.

(C).No.27555 of 2018 has filed this writ petition seeking a

writ of mandamus commanding respondents 3 and 4 to

identify and demarcate the Eluka of toddy shop No.40

'Alumchuvadu Shop' in Ettumanoor Excise Range of

Kottayam division, as per Ext.P4 notification dated

13.03.2007, so as to enable him to establish the said

toddy shop, he being the licensee of the same.

3.1. A counter affidavit has been filed by the 2nd

respondent opposing the reliefs sought for in this writ

petition.

4. W.P.(C).No.40266 of 2018:- The petitioner in W.P.

(C).No.27555 of 2018 has filed this writ petition seeking a

writ of certiorari to quash Ext.P18 order dated 12.10.2018

issued by the 5th respondent and Ext.P19 letter dated

07.12.2018 of the 1st respondent enclosing a sketch.

4.1. On 11.12.2018, when this writ petition came up

for admission, the learned Senior Government Pleader

took notice for respondents 1 to 5. This Court issued

urgent notice by special messenger to the 6th respondent

returnable by 17.12.2018.

4.2. The 1st respondent has filed a statement dated

7

11.01.2019. An additional statement has also been filed

by the said respondent. The 6th respondent has filed a

counter affidavit opposing the reliefs sought for in this writ

petition.

5. On 09.02.2019, when these writ petitions came up

for consideration, the learned Senior Government Pleader,

on instructions from the 1st respondent Circle Inspector of

Excise in I.A.No.1 of 2019 in W.P.(C).No.27555 of 2018,

submitted that based on Ext.P20 representation dated

23.01.2019 made by the petitioner, the 1st respondent has

already conducted a personal hearing, with notice to the

petitioner and also to the 5th respondent in W.P.

(C).No.40266 of 2018 and that, a statement of the 1st

respondent in this regard shall be placed on record.

Thereafter, an additional statement filed by the 1st

respondent is placed on record, in W.P.(C).No.40266 of

2018. Paragraphs 1 and 2 of the said statement read thus;

“1. It is submitted that as per the direction contained in

the letter dated 06.02.2019 of the

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