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C.T. James vs Excise Commissioner

High Court Of Kerala · Decided on 7 March 2018 · Citation: (2018) 03 KL CK 0109

HON’BLE JUDGES
Anil K.Narendran, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 226
RESULT
Disposed Off
CASE NUMBER
Writ Petition (Civil) No. 6391 Of 2018
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Judgment

7 paragraphs · 322 words
1.

The petitioners, who are the joint licensees in respect of Toddy Shop Nos.19 to 24 in Group No.IV of Kaduthuruthy Excise Range in Kottayam division, have approached this Court in this writ petition filed under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P1 order of suspension cum show cause notice dated 5.12.2017 issued by the 1st respondent and seeking a writ of mandamus commanding the 1st respondent to finalise the proceedings pursuant to Ext.P1, taking into consideration Ext.P2 reply dated 16.12.2017 submitted by the petitioners and Ext.P3 argument notes dated 18.1.2018.

2.

On 26.2.2018, when this writ petition came up for admission, the learned Senior Government Pleader sought time to get instructions.

3.

Heard the learned counsel for the petitioners and also the learned Senior Government Pleader appearing for the respondents.

4.

The learned counsel for the petitioners would submit that on receipt of Ext.P1 order of suspension cum show cause notice, the petitioners submitted Ext.P2 reply and they appeared before the 1st respondent through counsel on 18.1.2018 and detail arguments were heard. The counsel who represented the petitioners has also submitted Ext.P3 argument notes. Now, the grievance of the petitioners is that the 1st respondent is yet to finalise the proceedings pursuant to Ext.P1.

5.

The learned Senior Government Pleader on instructions would submit that the 1st respondent has already heard the matter on 18.1.2018 and he will pass appropriate orders within a period of 10 days from this date.

In such circumstances, leaving open all legal and factual contentions raised by the petitioners, this writ petition is disposed of by directing the 1st respondent to finalise the proceedings pursuant to Ext.P1 by passing appropriate orders, strictly in accordance with law, after considering Ext.P2 reply and Ext.P3 argument notes.

Necessary orders in this regard shall be passed, as expeditiously as possible, at any rate within a period of 10 days from this date.