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
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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