Danish Jose and Maneeshkumar vs State of Kerala and Others

P.N. Ravindran, J.—Ext.P1 order dated 5.8.2010, suspending the licence issued to the petitioners to run Toddy Shop Nos. 13 to 18 in Group No. III of Kalady Excise Range and calling upon them to show cause why their licence should not be cancelled, is under challenge in this writ petition.

The learned Government Pleader appearing for the respondents submits, on instructions, that what is challenged is only a show cause notice and that if the petitioners submit their objections, the Excise Commissioner will consider the same and take an appropriate decision in the matter within ten days. The learned Government Pleader also submits that the toddy shops in question are not functioning now and if an expeditious decision is taken, no serious prejudice will be caused to the petitioners.

In my opinion, the stand taken by the respondents is reasonable. It is evident from Ext.P1 that it is only a show cause notice and an order of suspension. The grounds raised by the petitioner in this writ petition can be raised by them before the Commissioner of Excise by way of objections to the show cause notice. If the Commissioner overrules the objections and decides against the petitioners, they can certainly challenge the said order in other appropriate proceedings.

In such circumstances, I dispose of the writ petition with a direction that in the event of the petitioners filing their objections to Ext.P1 within a week from today, the Commissioner of Excise shall consider the same and take a final decision in the matter within another one week from the date of filing the objections, after hearing one among the petitioners whom they may nominate as their representative. The Commissioner shall advert to all the contentions which the petitioners may raise and pass an order giving reasons in support of his conclusions. The Commissioner shall, after orders are passed, communicate a copy thereof to the petitioners. The contentions of the petitioners on the merits are kept open. If the petitioners are aggrieved by the order passed by the Commissioner, it will be open to them to challenge the same in other appropriate proceedings.