High Court of KeralaSingle Judge2023-11-13Writ petitions disposed with directions for a f...

Sunil Kumar v. State of Kerala and others (W.P.(C) No. 23875/2023 and connected matters)

Case / Petition Number:WP(C) Nos. 23875/2023 & connected cases

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: The Honourable Mr. Justice Devan Ramachandran
Judgment Date: 2023-11-13
Court Decision / Holding: The court disposed the writ petitions by directing a fresh enquiry into the matter. The Commissioner of Excise must appoint a new enquiry officer (not the same officer who conducted the earlier inquiries) and conduct an additional enquiry after giving all necessary opportunities to the petitioners and other interested persons, including producing documents and cross-examining witnesses. The Enquiry Officer must complete the new enquiry within three months of the judgment and furnish a report to the Commissioner of Excise. On receiving the report, the petitioners must be heard again, and the Commissioner shall decide whether any of the impugned orders require review. The overall exercise must be completed within two months from the date the enquiry report is received. The judgment emphasizes that the details of the merit should not be adjudicated at this stage and that the orders are not set aside but are subject to re-evaluation in accordance with law.
Final Disposition: Writ petitions disposed with directions for a fresh, legally compliant enquiry and re-hearing, within specified timeframes; merits not adjudicated at this stage; earlier orders may be reviewed based on new enquiry report.

Parties to the Case

Appellants / Petitioners

Sunil Kumar
Dixon C.W
Dixon C.W
Amritha
Gopakumar R.V
Sivarman
Rema K.K
Mani M.S
Lijo K.L
Vibeesh K V
T.D. Mohanan
Sivadas T.B.
Rajesh.R
Ashokan
R Santhosh
Dileep Kumar R
Sudheesh S
A.C. Sreedharan

Respondents

State of Kerala represented by its Secretary Taxes (Excise) Department, Secretariat, Thiruvananthapuram
Excise Commissioner, Kerala Exise Department, NANDAVANAM, Palayam, Thiruvananthapuram
Deputy Commissioner of Excise, Alappuzha Exise Division Office, Iron Bridge PO, Alappuzha
Assistant Excise Commissioner (IB), South Zone, Thiruvananthapuram
Joint Excise Commissioner, Excise Crime Branch, Kerala Exise Department, Palayam, Thiruvananthapuram

Legal Representation & Advocates

Counsels for Petitioners

• Vivek Nair P.
• Nidhi Balachandran
• C. Unnikrishnan (Kollam)
• Ananda Padmanabhan
• Uthara A.S
• Goutham Krishna U.B.

Counsels for Respondents

• Shri. V. Manu, Senior Government Pleader (GP-46)

Case Synopsis & Summary

The High Court of Kerala, before Justice Devan Ramachandran, deals with a batch of writ petitions by toddy shop licence holders challenging cancellations of licences across multiple excise divisions. The petitions argue that the cancellations rest on an enquiry conducted by Excise authorities which allegedly did not provide fair opportunity to dispute materials, lacked opportunity to examine or cross-examine witnesses, and relied on materials such as inputs and a seized hard disk without proper show cause or prior proceedings. The petitioners also challenge the legality of searches and seizures under the Abkari Act (Section 34) and the concomitant CrPC framework, arguing violations of natural justice as enshrined in Jayakumar v. State of Kerala (WP(C) 2315/2018) and the rigidity highlighted in Ravi v. State of Kerala (2011) 3 KLT 353. The State counters that the enquiry began on a complaint and that licensees themselves provided documents; a fair process was warranted given alleged monopolistic control by a licensee. The judge refrains from ruling on merits and instead directs a fresh, legally compliant re-enquiry. The Commissioner of Excise must appoint an enquiry officer not the same as before; ensure opportunities for all sides to produce evidence and cross-examine; complete within three months; upon receipt, the petitioners are to be re-heard and a decision on review of the impugned orders is to be taken, with the overall process to be completed within two months after the report. The petitions are thus disposed with conditional directions to safeguard natural justice in licensing procedures.

Provisions of Law Cited

Abkari Act, Section 34Code of Criminal Procedure (Cr.P.C.)Constitution of India, Article 226

Legal Doctrines & Maxims

Natural justice
Audi alteram partem (principle of fair hearing)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contended that the enquiry against them, the materials collected, and inputs relied upon were collated without offering any opportunity to dispute them. They argued that there was no show-cause or prior opportunity to contest; the alleged search and seizure under the Abkari Act Section 34 was illegal and could not be used without Cr.P.C. compliance, and that no Abkari case had been registered against the relevant licensees. They asserted violations of natural justice and relied on Jayakumar v. State of Kerala (WP(C) No.2315/2018) to argue that a proper fact-finding exercise must be conducted per prescribed standards. They also acknowledged some fiscal interactions but framed them as financing arrangements rather than monopoly, and questioned the use of vehicles and assets controlled by the named individuals to transport toddy.

Contentions of Respondents

The State countered that the enquiry originated from a complaint and involved detailed inputs corroborated by records including a Joint Enquiry by the Excise Crime Branch. It argued that petitioners had access to documents and the process was continued with the federation of evidence where necessary. The State asserted the authority to cancel licenses under statutory powers and emphasized that petitioners themselves produced documents. It contended the proceedings followed statutory protocols and that the remedy lies within the Excise Commissioner’s jurisdiction, including potential fresh enquiry if warranted.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
Jayakumar v. State of Kerala	WP(C) No.2315/2018	Positive	Cited to emphasize the requirement of fair hearing and proper procedure in inquiries and fact-finding exercises.
Ravi v. State of Kerala	2011(3) KLT 353	Positive	Cited to underscore that the rigour of the criminal procedure and related checks apply to ensure legality of proceedings; if violated, it can render proceedings illegal.

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Extracted Judgment Text

Exact text extracted from official judgment records.

# `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ## `THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN` ``` MONDAY, THE 13[TH] DAY OF NOVEMBER 2023 / 22ND KARTHIKA, 1945 ``` ## `WP(C) NO. 23875 OF 2023` ## `PETITIONER:` ``` SUNIL KUMAR, AGED 47 YEARS, CONVENER OF TODDY WORKER'S COMMITTEE OF MAVLIKKARA EXCISE RANGE - GROUP 5, S/O. RAGHAVAN, THADATHILAAYATHU HOUSE, EDAKKUNNAM, CHARUMMOODU, MAVELIKKARA, PIN - 690505 BY ADVS. VIVEK NAIR P. NIDHI BALACHANDRAN C.UNNIKRISHNAN (KOLLAM) ANANDA PADMANABHAN UTHARA A.S GOUTHAM KRISHNA U.B. ``` ## `RESPONDENTS:` ``` 1STATE OF KERALA, REPRESENTED BY ITS SECRETARY TAXES (EXCISE) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2EXCISE COMMISSIONER, KERALA EXCISE DEPARTMENT, NANDAVANAM, PALAYAM THIRUVANANTHAPURAM, PIN - 695033 3DEPUTY COMMISSIONER OF EXCISE, ALAPPUZHA EXCISE DIVISION OFFICE, IRON BRIDGE PO, ALAPPUZHA, PIN - 688011 4ASSISTANT EXCISE COMMISSIONER (IB), SOUTH ZONE, THIRUVANANTHAPURAM, PIN - 695033 5JOINT EXCISE COMMISSIONER, EXCISE CRIME BRANCH, KERALA EXCISE DEPARTMENT, PALAYAM, THIRUVANANTHAPURAM, PIN - 695033 BY ADVS. SHRI.V.MANU, SENIOR G.P.(GP-46) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.11.2023, ALONG WITH WP(C).25168/2023, 25233/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` [WP(C) Nos.23875/2023 & conn.cases ``` ``` 2 ``` ## `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ``` THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN ``` ``` MONDAY, THE 13[TH] DAY OF NOVEMBER 2023 / 22ND KARTHIKA, 1945 ``` ## `WP(C) NO. 25168 OF 2023` ## `PETITIONER:` ``` DIXON C.W, AGED 25 YEARS, TODDY SHOP LICENCE HOLDER OF MAVLIKKARA EXCISE RANGE - GROUP- 1, S/O. WILSON, CHERENGADAN HOUSE, CHALAKUDI TALUK, MATTATHUR VILLAGE, MOONNUMURI DESOM, THRISSUR, PIN - 680684 BY ADVS. UTHARA A.S C.UNNIKRISHNAN (KOLLAM) NIDHI BALACHANDRAN ANANDA PADMANABHAN VIJAYKRISHNAN S. MENON VIVEK NAIR P. GOUTHAM KRISHNA U.B. ``` ## `RESPONDENTS:` ``` 1STATE OF KERALA, REPRESENTED BY ITS SECRETARY TAXES (EXCISE) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2EXCISE COMMISSIONER, KERALA EXCISE DEPARTMENT, NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM, PIN - 695033 3DEPUTY COMMISSIONER OF EXCISE ALAPPUZHA EXCISE DIVISION OFFICE, IRON BRIDGE PO, ALAPPUZHA - 688011, PIN - 688011 4ASSISTANT EXCISE COMMISSIONER (IB) SOUTH ZONE, THIRUVANANTHAPURAM, PIN - 695033 5JOINT EXCISE COMMISSIONER,EXCISE CRIME BRANCH, KERALA EXCISE DEPARTMENT, PALAYAM, THIRUVANANTHAPURAM, PIN - 695033 BY ADV. SHRI.V.MANU, SENIOR G.P.(GP-46) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.11.2023, ALONG WITH WP(C).23875/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 3 ``` ``` [WP(C) Nos.23875/2023 & conn.cases ``` ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## `PRESENT` ``` THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 13[TH] DAY OF NOVEMBER 2023 / 22ND KARTHIKA, 1945 ``` ## `WP(C) NO. 25233 OF 2023` ## `PETITIONER:` ``` AMRITHA, AGED 30 YEARS TODDY SHOP LICENCE HOLDER OF KAYAMKULAM EXCISE RANGE - GROUP- 1, W/O. SREEKANT, ANALIPARAMBIL HOUSE, CHEMBUCHIRA, MATTATHUR VILLAGE, MOONNUMURI DESOM, THRISSUR., PIN - 680684 BY ADVS. UTHARA A.S C.UNNIKRISHNAN (KOLLAM) NIDHI BALAKRISHNAN ANANDA PADMANABHAN VIJAYKRISHNAN S. MENON GOUTHAM KRISHNA U.B. VIVEK NAIR P. ``` ## `RESPONDENTS:` |`1`|`STATE OF KERALA`| |---|---| ||`REPRESENTED BY ITS SECRETARY TAXES (EXCISE) DEPARTMENT,`| ||`SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001`| |`2`|`EXCISE COMMISSIONER`| ||`KERALA EXCISE DEPARTMENT, NANDAVANAM, PALAYAM,`| ||`THIRUVANANTHAPURAM, PIN - 695033`| |`3`|`DEPUTY COMMISSIONER OF EXCISE`| ||`ALAPPUZHA EXCISE DIVISION OFFICE, IRON BRIDGE PO,`| ||`ALAPPUZHA, PIN - 688011`| |`4`|`ASSISTANT EXCISE COMMISSIONER (IB)`| ||`SOUTH ZONE, THIRUVANANTHAPURAM, PIN - 695033`| |`5`|`JOINT EXCISE COMMISSIONER`| ||`EXCISE CRIME BRANCH, KERALA EXCISE DEPARTMENT, PALAYAM,`| ||`THIRUVANANTHAPURAM, PIN - 695033`| ``` [WP(C) Nos.23875/2023 & conn.cases ``` ``` 4 ``` ``` BY ADVS. SHRI.V.MANU, SENIOR G.P.(GP-46) ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.11.2023, ALONG WITH WP(C).23875/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` [WP(C) Nos.23875/2023 & conn.cases ``` ``` 5 ``` ## `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ## `THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN` ``` MONDAY, THE 13[TH] DAY OF NOVEMBER 2023 / 22ND KARTHIKA, 1945 ``` ## `WP(C) NO. 25370 OF 2023` ## `PETITIONER:` ``` GOPAKUMAR R.V, AGED 40 YEARS, S/O. RAVEENDRAN PILLAI, TODDY SHOP LICENSE HOLDER OF NEYANTTINKARA EXCISE RANGE GROUP-1, THIRUVANANTHAPURAM, THEKKETHONAYIL HOUSE, MADANNADA, KOLLAM, PIN - 691016 BY ADVS. UTHARA A.S C.UNNIKRISHNAN (KOLLAM) NIDHI BALACHANDRAN ANANDA PADMANABHAN VIJAYKRISHNAN S. MENON VIVEK NAIR P. GOUTHAM KRISHNA U.B. ``` ## `RESPONDENTS:` ``` 1STATE OF KERALA, REPRESENTED BY ITS SECRETARY TAXES (EXCISE) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2EXCISE COMMISSIONER,KERALA EXCISE DEPARTMENT, NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM, PIN - 695033 3DEPUTY COMMISSIONER OF EXCISE ALAPPUZHA EXCISE DIVISION OFFICE, IRON BRIDGE PO, ALAPPUZHA, PIN - 688011 4ASSISTANT EXCISE COMMISSIONER (IB) SOUTH ZONE, THIRUVANANTHAPURAM, PIN - 695033 5JOINT EXCISE COMMISSIONER EXCISE CRIME BRANCH, KERALA EXCISE DEPARTMENT, PALAYAM, THIRUVANANTHAPURAM, PIN - 695033 BY ADVS. SHRI.V.MANU, SENIOR G.P.(GP-46) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.11.2023, ALONG WITH WP(C).23875/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` [WP(C) Nos.23875/2023 & conn.cases ``` ``` 6 ``` ## `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ``` THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 13[TH] DAY OF NOVEMBER 2023 / 22ND KARTHIKA, 1945 ``` ## `WP(C) NO. 25406 OF 2023` ## `PETITIONER:` ``` SIVARAMAN, AGED 69 YEARS S/O. CHATHUNNI, TODDY SHOP LICENCE HOLDER OF NOORANADU EXCISE RANGE - GROUP- 1, ANALIPARAMBIL HOUSE, CHEMBUCHIRA, MATATHUR, THRISSUR-, PIN - 680684 BY ADVS. UTHARA A.S C.UNNIKRISHNAN (KOLLAM) NIDHI BALACHANDRAN ANANDA PADMANABHAN VIJAYKRISHNAN S. MENON VIVEK NAIR P. GOUTHAM KRISHNA U.B. ``` ## `RESPONDENTS:` |`1`|`STATE OF KERALA`| |---|---| ||`REPRESENTED BY ITS SECRETARY TAXES (EXCISE) DEPARTMENT,`| ||`SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001`| |`2`|`EXCISE COMMISSIONER`| ||`KERALA EXCISE DEPARTMENT, NANDAVANAM, PALAYAM,`| ||`THIRUVANANTHAPURAM, PIN - 695033`| |`3`|`DEPUTY COMMISSIONER OF EXCISE`| ||`ALAPPUZHA EXCISE DIVISION OFFICE, IRON BRIDGE PO,`| ||`ALAPPUZHA, PIN - 688011`| |`4`|`ASSISTANT EXCISE COMMISSIONER (IB)`| ||`SOUTH ZONE, THIRUVANANTHAPURAM, PIN - 695033`| |`5`|`JOINT EXCISE COMMISSIONER`| ||`EXCISE CRIME BRANCH, KERALA EXCISE DEPARTMENT, PALAYAM,`| ||`THIRUVANANTHAPURAM, PIN - 695033`| ||`BY ADVS.`| ``` [WP(C) Nos.23875/2023 & conn.cases ``` **==> picture [8 x 9] intentionally omitted <==** ``` SHRI.V.MANU, SENIOR G.P.(GP-46) ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.11.2023, ALONG WITH WP(C).23875/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` [WP(C) Nos.23875/2023 & conn.cases ``` ``` 8 ``` ## `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ``` THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 13[TH] DAY OF NOVEMBER 2023 / 22ND KARTHIKA, 1945 ``` ## `WP(C) NO. 25409 OF 2023` ## `PETITIONER:` ``` REMA K.K, AGED 58 YEARS W/O. A.C. SREEDHARAN, TODDY SHOPS LICENCE HOLDER IN GROUP NO. 1 OF SASTHAMKOTTA EXCISE RANGE, ANALIPARAMBIL HOUSE, CHEMBUCHIRA, MATTATHUR VILLAGE, MOONNUMURI DESOM, THRISSUR-, PIN - 680684 BY ADVS. UTHARA A.S C.UNNIKRISHNAN (KOLLAM) NIDHI BALACHANDRAN ANANDA PADMANABHAN VIJAYKRISHNAN S. MENON VIVEK NAIR P. GOUTHAM KRISHNA U.B. ``` ## `RESPONDENTS:` |`1`|`STATE OF KERALA`| |---|---| ||`REPRESENTED BY ITS SECRETARY TAXES (EXCISE) DEPARTMENT,`| ||`SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001`| |`2`|`EXCISE COMMISSIONER`| ||`KERALA EXCISE DEPARTMENT, NANDAVANAM, PALAYAM,`| ||`THIRUVANANTHAPURAM, PIN - 695033`| |`3`|`DEPUTY COMMISSIONER OF EXCISE`| ||`ALAPPUZHA EXCISE DIVISION OFFICE, IRON BRIDGE PO,`| ||`ALAPPUZHA, PIN - 688011`| |`4`|`ASSISTANT EXCISE COMMISSIONER (IB)`| ||`SOUTH ZONE, THIRUVANANTHAPURAM, PIN - 695033`| |`5`|`JOINT EXCISE COMMISSIONER`| ||`EXCISE CRIME BRANCH, KERALA EXCISE DEPARTMENT, PALAYAM,`| ||`THIRUVANANTHAPURAM, PIN - 695033`| ``` [WP(C) Nos.23875/2023 & conn.cases ``` **==> picture [8 x 9] intentionally omitted <==** ``` BY ADVS. SHRI.V.MANU, SENIOR G.P.(GP-46) ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.11.2023, ALONG WITH WP(C).23875/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` [WP(C) Nos.23875/2023 & conn.cases ``` ``` 10 ``` ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## `PRESENT` ``` THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 13[TH] DAY OF NOVEMBER 2023 / 22ND KARTHIKA, 1945 ``` ## `WP(C) NO. 25555 OF 2023` ## `PETITIONER:` ``` MANI M.S, AGED 62 YEARS S/O. SREEDHARAN, TODDY SHOP LICENCE HOLDER OF SASTHAMKOTTA EXCISE RANGE - GROUP-3, MADAMBIKATTIL HOUSE, POOTHOL P.O., THRISSUR., PIN - 680684 BY ADVS. VIVEK NAIR P. C.UNNIKRISHNAN (KOLLAM) NIDHI BALACHANDRAN UTHARA A.S ANANDA PADMANABHAN VIJAYKRISHNAN S. MENON GOUTHAM KRISHNA U.B. ``` ## `RESPONDENTS:` |`1`|`STATE OF KERALA`| |---|---| ||`REPRESENTED BY ITS SECRETARY TAXES (EXCISE) DEPARTMENT,`| ||`SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001`| |`2`|`EXCISE COMMISSIONER`| ||`KERALA EXCISE DEPARTMENT, NANDAVANAM, PALAYAM,`| ||`THIRUVANANTHAPURAM., PIN - 695033`| |`3`|`DEPUTY COMMISSIONER OF EXCISE`| ||`ALAPPUZHA EXCISE DIVISION OFFICE, IRON BRIDGE PO,`| ||`ALAPPUZHA., PIN - 688011`| |`4`|`ASSISTANT EXCISE COMMISSIONER (IB)`| ||`SOUTH ZONE, THIRUVANANTHAPURAM., PIN - 695033`| |`5`|`JOINT EXCISE COMMISSIONER`| ||`EXCISE CRIME BRANCH, KERALA EXCISE DEPARTMENT, PALAYAM,`| ||`THIRUVANANTHAPURAM., PIN - 695033`| ``` [WP(C) Nos.23875/2023 & conn.cases ``` **==> picture [16 x 9] intentionally omitted <==** ``` BY ADVS. SHRI.V.MANU, SENIOR G.P.(GP-46) ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.11.2023, ALONG WITH WP(C).23875/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` [WP(C) Nos.23875/2023 & conn.cases ``` ``` 12 ``` ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## `PRESENT` ``` THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 13[TH] DAY OF NOVEMBER 2023 / 22ND KARTHIKA, 1945 ``` ## `WP(C) NO. 25583 OF 2023` ## `PETITIONER:` ``` LIJO K.L, AGED 35 YEARS TODDY SHOP LICENCE HOLDER OF NOORANADU EXCISE RANGE - GROUP-2, S/O. LAZER, KAITHARATHU HOUSE, MATTATHUR, CHALAKKUDY., PIN - 680684 BY ADVS. VIVEK NAIR P. C.UNNIKRISHNAN (KOLLAM) NIDHI BALACHANDRAN VIJAYKRISHNAN S. MENON UTHARA A.S ANANDA PADMANABHAN GOUTHAM KRISHNA U.B. ``` ## `RESPONDENTS:` ``` 1STATE OF KERALA REPRESENTED BY ITS SECRETARY TAXES (EXCISE) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001 2EXCISE COMMISSIONER KERALA EXCISE DEPARTMENT, NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM, PIN - 695033 3DEPUTY COMMISSIONER OF EXCISE ALAPPUZHA EXCISE DIVISION OFFICE, IRON BRIDGE PO, ALAPPUZHA., PIN - 688011 4ASSISTANT EXCISE COMMISSIONER (IB) SOUTH ZONE, THIRUVANANTHAPURAM, PIN - 695033 5JOINT EXCISE COMMISSIONER EXCISE CRIME BRANCH, KERALA EXCISE DEPARTMENT, PALAYAM, THIRUVANANTHAPURAM., PIN - 695033 ``` ``` [WP(C) Nos.23875/2023 & conn.cases ``` **==> picture [16 x 9] intentionally omitted <==** ``` BY ADVS. SHRI.V.MANU, SENIOR G.P.(GP-46) ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.11.2023, ALONG WITH WP(C).23875/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` [WP(C) Nos.23875/2023 & conn.cases ``` ``` 14 ``` ## `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ``` THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 13[TH] DAY OF NOVEMBER 2023 / 22ND KARTHIKA, 1945 ``` ## `WP(C) NO. 25586 OF 2023` ## `PETITIONER:` ``` VIBEESH K V, AGED 45 YEARS S/O VIDYASAGARAN, TODDY SHOP LICENCE HOLDER OF GROUP NO. 4 OF KAYAMKULAM EXCISE RANGE, KARUPPAYIL HOUSE, VATANAPPALLY VILLAGE, CHAVAKKAD, THRISSUR, PIN - 680506 BY ADVS. UTHARA A.S C.UNNIKRISHNAN (KOLLAM) NIDHI BALACHANDRAN ANANDA PADMANABHAN VIJAYKRISHNAN S. MENON VIVEK NAIR P. GOUTHAM KRISHNA U.B. ``` ## `RESPONDENTS:` ``` 1STATE OF KERALA REPRESENTED BY ITS SECRETARY TAXES (EXCISE) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2EXCISE COMMISSIONER KERALA EXCISE DEPARTMENT, NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM, PIN - 695033 3DEPUTY COMMISSIONER OF EXCISE ALAPPUZHA EXCISE DIVISION OFFICE, IRON BRIDGE PO, ALAPPUZHA, PIN - 688011 4ASSISTANT EXCISE COMMISSIONER (IB) SOUTH ZONE, THIRUVANANTHAPURAM, PIN - 695033 5JOINT EXCISE COMMISSIONER EXCISE CRIME BRANCH, KERALA EXCISE DEPARTMENT, PALAYAM, THIRUVANANTHAPURAM, PIN - 695033 ``` ``` [WP(C) Nos.23875/2023 & conn.cases ``` **==> picture [16 x 9] intentionally omitted <==** ``` BY ADV SHRI.V.MANU, SENIOR G.P.(GP-46) ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.11.2023, ALONG WITH WP(C).23875/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` [WP(C) Nos.23875/2023 & conn.cases ``` ``` 16 ``` ## `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ``` THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 13[TH] DAY OF NOVEMBER 2023 / 22ND KARTHIKA, 1945 ``` ## `WP(C) NO. 25678 OF 2023` ## `PETITIONER:` ``` T.D. MOHANAN, S/O. LATE DAMODARAN, TODDY SHOP LICENCE HOLDER OF VADANAPALLY EXCISE RANGE - GROUP-6, THUDANGIL HOUSE, VADAKKUMURI VILLAGE, THRISSUR, PIN - 680570 BY ADVS. UTHARA A.S C.UNNIKRISHNAN (KOLLAM) NIDHI BALACHANDRAN ANANDA PADMANABHAN VIJAYKRISHNAN S. MENON VIVEK NAIR P. GOUTHAM KRISHNA U.B. ``` ## `RESPONDENTS:` |`1`|`STATE OF KERALA`| |---|---| ||`REPRESENTED BY ITS SECRETARY TAXES (EXCISE) DEPARTMENT,`| ||`SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001`| |`2`|`EXCISE COMMISSIONER`| ||`KERALA EXCISE DEPARTMENT, NANDAVANAM, PALAYAM,`| ||`THIRUVANANTHAPURAM, PIN - 695033`| |`3`|`DEPUTY COMMISSIONER OF EXCISE`| ||`ALAPPUZHAEXCISE DIVISION OFFICE, IRON BRIDGE PO,`| ||`ALAPPUZHA, PIN - 688011`| |`4`|`ASSISTANT EXCISE COMMISSIONER (IB)`| ||`SOUTH ZONE, THIRUVANANTHAPURAM, PIN - 695033`| |`5`|`JOINT EXCISE COMMISSIONER`| ||`EXCISE CRIME BRANCH, KERALA EXCISE DEPARTMENT, PALAYAM,`| ||`THIRUVANANTHAPURAM, PIN - 695033`| ||`BY ADV.`| ``` [WP(C) Nos.23875/2023 & conn.cases ``` **==> picture [16 x 9] intentionally omitted <==** ``` SHRI.V.MANU, SENIOR G.P.(GP-46) ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.11.2023, ALONG WITH WP(C).23875/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` [WP(C) Nos.23875/2023 & conn.cases ``` ``` 18 ``` ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## `PRESENT` ``` THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN ``` ``` MONDAY, THE 13[TH] DAY OF NOVEMBER 2023 / 22ND KARTHIKA, 1945 ``` ## `WP(C) NO. 25760 OF 2023` ## `PETITIONER:` ``` SIVADAS T.B., AGED 44 YEARS, S/O THAMBIDAS, TODDY SHOP LICENCE HOLDER OF SASTHAMKOTTA EXCISE RANGE - GROUP-2, BHAGAVATHIPARAMBIL HOUSE, VALAPPAD VILLAGE, CHAVAKKADU THALUK, THRISSUR, PIN - 680567 BY ADVS. UTHARA A.S C.UNNIKRISHNAN (KOLLAM) NIDHI BALACHANDRAN ANANDA PADMANABHAN VIJAYKRISHNAN S. MENON VIVEK NAIR P. GOUTHAM KRISHNA U.B. ``` ## `RESPONDENTS:` |`1`|`STATE OF KERALA,REPRESENTED BY ITS SECRETARY TAXES`| |---|---| ||`(EXCISE) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN`| ||`- 695001`| |`2`|`EXCISE COMMISSIONER ,KERALA EXCISE DEPARTMENT,`| ||`NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM, PIN - 695033`| |`3`|`DEPUTY COMMISSIONER OF EXCISE, ALAPPUZHA EXCISE DIVISION`| ||`OFFICE, IRON BRIDGE PO, ALAPPUZHA, PIN - 688011`| |`4`|`ASSISTANT EXCISE COMMISSIONER (IB)`| ||`SOUTH ZONE, THIRUVANANTHAPURAM, PIN - 695033`| |`5`|`JOINT EXCISE COMMISSIONER`| ||`EXCISE CRIME BRANCH, KERALA EXCISE DEPARTMENT, PALAYAM,`| ||`THIRUVANANTHAPURAM, PIN - 695033`| ||`BY ADV. SHRI.V.MANU, SENIOR G.P.(GP-46)`| |`THIS`|`WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON`| |`13.11.2023, ALONG WITH WP(C).23875/2023 AND CONNECTED CASES, THE`|| |`COURT ON`|`THE SAME DAY DELIVERED THE FOLLOWING:`| ``` [WP(C) Nos.23875/2023 & conn.cases ``` ``` 19 ``` ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## `PRESENT` ``` THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 13[TH] DAY OF NOVEMBER 2023 / 22ND KARTHIKA, 1945 ``` ## `WP(C) NO. 25824 OF 2023` ## `PETITIONER:` ``` RAJESH.R, AGED 48 YEARS S/O. RAJAN, TODDY SHOP LICENCE HOLDER OF KAYAMKULAM EXCISE RANGE - GROUP- 2, PUTHANTHARA VADAKATHIL, OLAKETTIYAMBALAM P.O, MAVELIKKARA, ALAPPUZHA., PIN - 690510 BY ADVS. UTHARA A.S C.UNNIKRISHNAN (KOLLAM) NIDHI BALACHANDRAN ANANDA PADMANABHAN VIJAYKRISHNAN S. MENON VIVEK NAIR P. GOUTHAM KRISHNA U.B. ``` ## `RESPONDENTS:` |`1`|`STATE OF KERALA`| |---|---| ||`REPRESENTED BY ITS SECRETARY TAXES (EXCISE) DEPARTMENT,`| ||`SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001`| |`2`|`EXCISE COMMISSIONER`| ||`KERALA EXCISE DEPARTMENT, NANDAVANAM, PALAYAM,`| ||`THIRUVANANTHAPURAM, PIN - 695033`| |`3`|`DEPUTY COMMISSIONER OF EXCISE`| ||`ALAPPUZHA EXCISE DIVISION OFFICE, IRON BRIDGE P.O,`| ||`ALAPPUZHA., PIN - 688011`| |`4`|`ASSISTANT EXCISE COMMISSIONER (IB)`| ||`SOUTH ZONE, THIRUVANANTHAPURAM, PIN - 695033`| |`5`|`JOINT EXCISE COMMISSIONER`| ||`EXCISE CRIME BRANCH, KERALA EXCISE DEPARTMENT, PALAYAM,`| ||`THIRUVANANTHAPURAM- 695033, PIN - 695033`| ``` [WP(C) Nos.23875/2023 & conn.cases ``` **==> picture [16 x 9] intentionally omitted <==** ``` BY ADV. SHRI.V.MANU, SENIOR G.P.(GP-46) ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.11.2023, ALONG WITH WP(C).23875/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` [WP(C) Nos.23875/2023 & conn.cases ``` ``` 21 ``` ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## `PRESENT` ``` THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 13[TH] DAY OF NOVEMBER 2023 / 22ND KARTHIKA, 1945 ``` ## `WP(C) NO. 26133 OF 2023` ## `PETITIONER:` ``` ASHOKAN, AGED 55 YEARS S/O. NANU, CONVENOR OF TODDY WORKERS COMMITTEE AND TODDY SHOP LICENCE HOLDER OF CHENGANNUR EXCISE RANGE - GROUP- 4, RESIDING AT ATHULBHAVANAM, EDAKKUNNAM, NOORNAD, CHARUMOODU, MAVELIKKARA, ALAPPUZHA., PIN - 690505 BY ADVS. UTHARA A.S GOUTHAM KRISHNA U.B. C.UNNIKRISHNAN (KOLLAM) NIDHI BALACHANDRAN ANANDA PADMANABHAN VIJAYKRISHNAN S. MENON VIVEK NAIR P. ``` ## `RESPONDENTS:` |`1`|`STATE OF KERALA`| |---|---| ||`REPRESENTED BY ITS SECRETARY TAXES (EXCISE) DEPARTMENT,`| ||`SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001`| |`2`|`EXCISE COMMISSIONER`| ||`KERALA EXCISE DEPARTMENT, NANDAVANAM, PALAYAM,`| ||`THIRUVANANTHAPURAM, PIN - 695033`| |`3`|`DEPUTY COMMISSIONER OF EXCISE.`| ||`ALAPPUZHA EXCISE DIVISION OFFICE, IRON BRIDGE PO,`| ||`ALAPPUZHA, PIN - 688011`| |`4`|`ASSISTANT EXCISE COMMISSIONER (IB)`| ||`SOUTH ZONE, THIRUVANANTHAPURAM, PIN - 695033`| |`5`|`JOINT EXCISE COMMISSIONER`| ||`EXCISE CRIME BRANCH, KERALA EXCISE DEPARTMENT, PALAYAM,`| ``` [WP(C) Nos.23875/2023 & conn.cases ``` **==> picture [16 x 9] intentionally omitted <==** ``` THIRUVANANTHAPURAM., PIN - 695033 BY ADV. SHRI.V.MANU, SENIOR G.P.(GP-46) ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.11.2023, ALONG WITH WP(C).23875/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` [WP(C) Nos.23875/2023 & conn.cases ``` ``` 23 ``` ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## `PRESENT` ``` THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 13[TH] DAY OF NOVEMBER 2023 / 22ND KARTHIKA, 1945 ``` ## `WP(C) NO. 26179 OF 2023` ## `PETITIONER:` ``` R SANTHOSH, AGED 48 YEARS S/O. RAMANAN, CONVENOR OF TODDY WORKERS COMMITTEE AND TODDY SHOP LICENCE HOLDER OF CHENGANNUR EXCISE RANGE - GROUP- 2, RESIDING AT SANDRAM, KAVUMPADU, NOORNAD P O, PALAMEL, ALAPPUZHA., PIN - 690504 BY ADVS. UTHARA A.S C.UNNIKRISHNAN (KOLLAM) NIDHI BALACHANDRAN ANANDA PADMANABHAN VIJAYKRISHNAN S. MENON VIVEK NAIR P. GOUTHAM KRISHNA U.B. ``` ## `RESPONDENTS:` ``` 1STATE OF KERALA REPRESENTED BY ITS SECRETARY TAXES (EXCISE) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2EXCISE COMMISSIONER KERALA EXCISE DEPARTMENT, NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM., PIN - 695033 3DEPUTY COMMISSIONER OF EXCISE ALAPPUZHA EXCISE DIVISION OFFICE, IRON BRIDGE PO, ALAPPUZHA, PIN - 688011 4ASSISTANT EXCISE COMMISSIONER (IB) SOUTH ZONE, THIRUVANANTHAPURAM, PIN - 695033 5JOINT EXCISE COMMISSIONER EXCISE CRIME BRANCH, KERALA EXCISE DEPARTMENT, PALAYAM, ``` ``` [WP(C) Nos.23875/2023 & conn.cases ``` **==> picture [16 x 9] intentionally omitted <==** ``` THIRUVANANTHAPURAM, PIN - 695033 BY ADV. SHRI.V.MANU, SENIOR G.P.(GP-46) ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.11.2023, ALONG WITH WP(C).23875/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` [WP(C) Nos.23875/2023 & conn.cases ``` ``` 25 ``` ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## `PRESENT` ``` THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 13[TH] DAY OF NOVEMBER 2023 / 22ND KARTHIKA, 1945 ``` ## `WP(C) NO. 26183 OF 2023` ## `PETITIONER:` ``` C.U.UNNIKRISHNAN, AGED 52 YEARS S/O. UNNICHEKKAN, CONVENOR OF TODDY WORKERS COMMITTEE AND TODDY SHOP LICENCE HOLDER OF CHENGANNUR EXCISE RANGE - GROUP- 1, RESIDING AT CHIRAYERIMEL HOUSE, KUZHIKATTUSSERY MURI, THAZHEKKAD, CHALAKUDY, THRISSUR., PIN - 680307 BY ADVS. UTHARA A.S VIJAYKRISHNAN S. MENON C.UNNIKRISHNAN (KOLLAM) NIDHI BALACHANDRAN ANANDA PADMANABHAN VIVEK NAIR P. GOUTHAM KRISHNA U.B. ``` ## `RESPONDENTS:` ``` 1STATE OF KERALA REPRESENTED BY ITS SECRETARY TAXES (EXCISE) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2EXCISE COMMISSIONER KERALA EXCISE DEPARTMENT, NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM, PIN - 695033 3DEPUTY COMMISSIONER OF EXCISE ALAPPUZHA EXCISE DIVISION OFFICE, IRON BRIDGE PO, ALAPPUZHA, PIN - 688011 4ASSISTANT EXCISE COMMISSIONER (IB) SOUTH ZONE, THIRUVANANTHAPURAM, PIN - 695033 5JOINT EXCISE COMMISSIONER EXCISE CRIME BRANCH, KERALA EXCISE DEPARTMENT, PALAYAM, ``` ``` [WP(C) Nos.23875/2023 & conn.cases ``` **==> picture [16 x 9] intentionally omitted <==** ``` THIRUVANANTHAPURAM, PIN - 695033 BY ADV. SHRI.V.MANU, SENIOR G.P.(GP-46) ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.11.2023, ALONG WITH WP(C).23875/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` [WP(C) Nos.23875/2023 & conn.cases ``` ``` 27 ``` ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## `PRESENT` ``` THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 13[TH] DAY OF NOVEMBER 2023 / 22ND KARTHIKA, 1945 ``` ## `WP(C) NO. 26304 OF 2023` ## `PETITIONER:` ``` DILEEP KUMAR R, AGED 50 YEARS S/O. RAVEENDRA PANICKER, CONVENOR OF TODDY WORKERS COMMITTEE AND TODDY SHOP LICENCE HOLDER OF CHENGANNUR EXCISE RANGE - GROUP- 5, RESIDING AT PUNNAVILAYIL, PUTHUMALA P.O, EZHAMKULAM, PATHANAMTHITTA KERALA, PIN - 691554 BY ADVS. UTHARA A.S C.UNNIKRISHNAN (KOLLAM) NIDHI BALACHANDRAN ANANDA PADMANABHAN VIJAYKRISHNAN S. MENON VIVEK NAIR P. GOUTHAM KRISHNA U.B. ``` ## `RESPONDENTS:` ``` 1STATE OF KERALA REPRESENTED BY ITS SECRETARY TAXES (EXCISE) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2EXCISE COMMISSIONER KERALA EXCISE DEPARTMENT, NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM, PIN - 695033 3DEPUTY COMMISSIONER OF EXCISE ALAPPUZHA EXCISE DIVISION OFFICE, IRON BRIDGE PO, ALAPPUZHA, PIN - 688011 4ASSISTANT EXCISE COMMISSIONER (IB) SOUTH ZONE, THIRUVANANTHAPURAM, PIN - 695033 5JOINT EXCISE COMMISSIONER ``` ``` [WP(C) Nos.23875/2023 & conn.cases ``` **==> picture [16 x 9] intentionally omitted <==** ``` EXCISE CRIME BRANCH, KERALA EXCISE DEPARTMENT, PALAYAM, THIRUVANANTHAPURAM, PIN - 695033 BY ADV. SHRI.V.MANU, SENIOR G.P.(GP-46) ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.11.2023, ALONG WITH WP(C).23875/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` [WP(C) Nos.23875/2023 & conn.cases ``` ``` 29 ``` ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ``` THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN ``` ``` MONDAY, THE 13[TH] DAY OF NOVEMBER 2023 / 22ND KARTHIKA, 1945 ``` ## `WP(C) NO. 26371 OF 2023` ## `PETITIONER:` ``` SUDHEESH S, AGED 47 YEARS S/O. SANKARAN, CONVENOR OF TODDY WORKERS COMMITTEE AND TODDY SHOP LICENCE HOLDER OF CHENGANNUR EXCISE RANGE - GROUP- 6, RESIDING AT KATILAYATHU VEEDU, EDAKUNNAM MURI, NOORANAD, MAVELIKKARA, ALAPPUZHA, PIN - 690504 BY ADVS. UTHARA A.S C.UNNIKRISHNAN (KOLLAM) NIDHI BALACHANDRAN VIJAYKRISHNAN S. MENON ANANDA PADMANABHAN VIVEK NAIR P. GOUTHAM KRISHNA U.B. ``` ## `RESPONDENTS:` |`1`|`STATE OF KERALA, REPRESENTED BY ITS SECRETARY TAXES`| |---|---| ||`(EXCISE) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN`| ||`- 695001`| |`2`|`EXCISE COMMISSIONER, KERALA EXCISE DEPARTMENT,`| ||`NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM, PIN - 695033`| |`3`|`DEPUTY COMMISSIONER OF EXCISE,ALAPPUZHA EXCISE DIVISION`| ||`OFFICE, IRON BRIDGE PO, ALAPPUZHA, PIN - 688011`| |`4`|`ASSISTANT EXCISE COMMISSIONER (IB)`| ||`SOUTH ZONE, THIRUVANANTHAPURAM, PIN - 695033`| |`5`|`JOINT EXCISE COMMISSIONER`| ||`EXCISE CRIME BRANCH, KERALA EXCISE DEPARTMENT, PALAYAM,`| ||`THIRUVANANTHAPURAM, PIN - 695033`| ||`BY ADV.SHRI.V.MANU, SENIOR G.P.(GP-46)`| |`THIS`|`WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON`| |`13.11.2023, ALONG WITH WP(C).23875/2023 AND CONNECTED CASES, THE`|| |`COURT ON THE SAME DAY DELIVERED THE FOLLOWING:`|| ``` 30 ``` ``` [WP(C) Nos.23875/2023 & conn.cases ``` ## `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ``` THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 13[TH] DAY OF NOVEMBER 2023 / 22ND KARTHIKA, 1945 ``` ## `WP(C) NO. 26477 OF 2023` ## `PETITIONER:` ``` A.C. SREEDHARAN, AGED 63 YEARS S/O. CHATHUNNI, TODDY SHOP LICENCE HOLDER OF VADANAPALLI EXCISE RANGE - GROUP- 1, RESIDING AT ANALIPARAMBIL HOUSE, CHEMBUCHIRA P.O, MATTATHUR VILLAGE, CHALAKUDY TALUK, THRISSUR, PIN - 680684 BY ADVS. UTHARA A.S C.UNNIKRISHNAN (KOLLAM) NIDHI BALACHANDRAN ANANDA PADMANABHAN VIJAYKRISHNAN S. MENON VIVEK NAIR P. GOUTHAM KRISHNA U.B. ``` ## `RESPONDENTS:` |`1`|`STATE OF KERALA`| |---|---| ||`REPRESENTED BY ITS SECRETARY TAXES (EXCISE) DEPARTMENT,`| ||`SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001`| |`2`|`EXCISE COMMISSIONER`| ||`KERALA EXCISE DEPARTMENT, NANDAVANAM, PALAYAM,`| ||`THIRUVANANTHAPURAM, PIN - 695033`| |`3`|`DEPUTY COMMISSIONER OF EXCISE`| ||`THRISSUR EXCISE DIVISION OFFICE, THRISSUR., PIN - 680004`| |`4`|`ASSISTANT EXCISE COMMISSIONER (IB)`| ||`SOUTH ZONE, THIRUVANANTHAPURAM, PIN - 695033`| |`5`|`JOINT EXCISE COMMISSIONER`| ||`EXCISE CRIME BRANCH, KERALA EXCISE DEPARTMENT, PALAYAM,`| ||`THIRUVANANTHAPURAM, PIN - 695033`| |`6`|`MR. ANIKUMAR`| ||`ASSISTANT EXCISE COMMISSIONER (IB), SOUTH ZONE,`| ``` [WP(C) Nos.23875/2023 & conn.cases ``` **==> picture [16 x 9] intentionally omitted <==** ``` THIRUVANANTHAPURAM, PIN - 695033 BY AdV SHRI.V.MANU, SENIOR G.P.(GP-46) ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.11.2023, ALONG WITH WP(C).23875/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` [WP(C) Nos.23875/2023 & conn.cases ``` ``` 32 ``` ## `JUDGMENT` ``` [WP(C) Nos.23875/2023, 25168/2023, 25233/2023, 25370/2023, 25406/2023, 25409/2023, 25555/2023, 25583/2023, 25586/2023, 25678/2023, 25760/2023, 25824/2023, 26133/2023, 26179/2023, 26183/2023, 26304/2023, 26371/2023, 26477/2023] ``` ``` The petitioners in these writ petitions call ``` ``` into question the cancellation of privileges earlier granted to them to operate Toddy shops in various groups of several Excise Divisions and Ranges. ``` ``` 2.I do not propose to deal in detail with ``` ``` the facts involved in these cases because the ``` ``` controversy projected is as to the fairness of the procedure adopted by the Excise Commissioner in issuing the impugned orders. ``` ``` 3.Sri.C.Unnikrishnan – learned counsel ``` ``` appearing for the petitioners in all these cases, argued that the enquiry conducted against his clients; the materials collected; the inputs ``` ## `[WP(C) Nos.23875/2023 & conn.cases` **==> picture [16 x 9] intentionally omitted <==** ``` relied upon; and the circumstances imputed against them, have done and collated without ``` ``` offering them any opportunity of disputing them; and thus have been unfairly and illegally posed with the detriment. ``` ``` 4.Per contra, Sri.V.Manu – learned Senior ``` ``` Government Pleader, submitted that the processes ``` ``` began on a complaint received, leading to an enquiry being completed by the Assistant Excise Commissioner. He pointed out that, in such ``` ``` enquiry, it was revealed that a particular person by name Sri.A.C.Sreedharan - who was a licensee of certain shops – was, in fact, controlling and thus monopolising 80 Toddy Shops in the names of ``` ``` various persons, including his friends, close relatives and persons on whom he had complete control. He pointed out that the financial ``` ``` [WP(C) Nos.23875/2023 & conn.cases ``` **==> picture [16 x 9] intentionally omitted <==** ``` statement of Sri.A.C.Sreedharan, his accounts and other attendant documents clearly establish that there was trail money from the same in the name of persons above mentioned; and that this is corroborated by inputs in a hard disc seized from ``` ``` him. He submitted that the Commissioner of Excise, however, did not act upon this alone, but caused a further enquiry to be conducted by the Joint Excise Commissioner, Excise Crime Branch, who also revealed that the allegations against the petitioners are accurate and without fault. He added that this proceedings was also done with full concurrence and knowledge of the petitioners, which is evident from the fact that they themselves have produced all such documents before this Court; and that, based on these, the Commissioner of Excise thereafter issued the ``` ## `[WP(C) Nos.23875/2023 & conn.cases` ``` 35 ``` ``` impugned orders, in his capacity as the Authority vested with the statutory jurisdiction to cancel or suspend the licenses. He, therefore, prayed that these writ petitions be dismissed. ``` ``` 5.Though I have recorded the afore rival ``` ``` submissions peripherally, I do not intend to ``` ``` enter into the merits of the contentions of the ``` ``` rival parties for reasons more than one. ``` ``` 6.As per the petitioners, the alleged ``` ``` search and seizure were without registering a ``` ``` case and have illegal; that there were no ``` ``` materials in the seized hard disc to establish ``` ``` that Sri.A.C.Sreedharan was running the shops, ``` ``` thus to cause monopoly; that not a single Abkari ``` ``` case had been earlier registered against the aforementioned person; that they were not given ``` ``` an opportunity to examine or cross examine the ``` ## `[WP(C) Nos.23875/2023 & conn.cases` ``` 36 ``` ``` witnesses and that this is in violation of the ``` ``` judgment of this Court in Jayakumar v. State of ``` ``` Kerala[WP(C)No.2315/2018]; that a fact finding ``` ``` exercise had not been done in the manner as is prescribed; and that the power of search and ``` ``` seizure, as stipulated under Section 34 of the ``` ``` Abkari Act, could have been used only in ``` ``` conjunction with the provisions of Cr.PC, which have been wholly violated and hence that the rigor of Ravi vs. State of Kerala [2011(3) KLT 353] applies, to render the entire proceedings illegal. ``` ``` 7.However, at the same breath, the ``` ``` petitioners concede that there have been fiscal transactions between them and the aforementioned Sreedharan, which they justify as being only financing arrangements and not creation of the ``` ## `[WP(C) Nos.23875/2023 & conn.cases` **==> picture [16 x 9] intentionally omitted <==** ``` monopoly. It is also without much of doubt – as is also virtually admitted – that the vehicles in the name of Sri.A.C.Sreedharan and his close family members, like his daughter and wife, were being used to transport toddy for various shops, which are involved in the imputation; but they explain thus saying that this is only an arrangement for sharing the vehicles and nothing more. ``` ``` 8.Therefore, aprima facie justification for the allegations against the petitioners would certainly be in order, but the afore question is whether the enquiry conducted was in strict compliance with the statutory Scheme. ``` ``` 9.It is in this regard that this Court is of the view that the cases of the petitioners are deserving to be re-evaluated by the Excise ``` ## `[WP(C) Nos.23875/2023 & conn.cases` ``` 38 ``` ``` Commissioner; and that for this, an additional ``` ``` enquiry as per law would be in order. ``` ``` 10.In fact, the learned Senior Government Pleader, submitted that if this Court is so inclined, the Commissioner of Excise can cause an ``` ``` additional enquiry to be conducted and that petitioners be given an opportunity of proving ``` ``` their case through cogent materials. Sri.V.Man, however, added that such opportunity had been given earlier to the petitioners, but is being offered only as matter of fairness; thus leading ``` ``` to a fresh enquiry report to be placed before the ``` ``` Commissioner of Excise, based on which he can decide whether this order is required to be ``` ``` reviewed or otherwise. ``` ``` 11.Sri.C.Unnikrishnan – learned counsel for ``` ``` the petitioners accepted the afore suggestions, ``` ## `[WP(C) Nos.23875/2023 & conn.cases` **==> picture [16 x 9] intentionally omitted <==** ``` but praying that all contentions of his clients be left open. I am also of the firm view that this would be the best possible course in the given circumstances, particularly when this Court ``` ``` cannot enter into the merits of any of the ``` ``` allegations of the parties on its merits, while acting under Article 226 of the Constitution of India. ``` ``` Resultantly, without entering into the merits ``` ``` of the rival contentions, I order these writ petitions in the following manner: ``` ``` a)The Commissioner of Excise will cause an ``` ``` additional enquiry to be conducted, after giving ``` ``` all necessary opportunities to the petitioners and to any other person interested, including of producing documents, examining the witnesses and cross examining them. The Commissioner will, ``` ## `[WP(C) Nos.23875/2023 & conn.cases` **==> picture [16 x 9] intentionally omitted <==** ``` however, ensure that new enquiry officer is not the incumbent who conducted the earlier ``` ``` enquiries. ``` ``` b)The Enquiry Officer will, thereupon, not ``` ``` later than three months from the date of receipt ``` ``` of a copy of this judgment, complete the enquiry and furnish report before the Commissioner of ``` ``` Excise. ``` ``` c)On the afore report reaching the ``` ``` Commissioner of Excise, he will hear the ``` ``` petitioners again and take a decision as to ``` ``` whether any of the impugned orders in these cases ``` ``` is required to be reviewed or revisited; however, making it clear that it will be within his ``` ``` discretion to decide any such as per law; further making it clear that this Court has, therefore, not set aside any of such orders in this ``` ``` [WP(C) Nos.23875/2023 & conn.cases ``` **==> picture [16 x 9] intentionally omitted <==** ``` judgment. ``` ``` d)The Commissioner of Excise will complete the exercise as ordered in direction (c), within a period of two months from the date on which the report of the Eqnuiry officer received by him in terms of the direction (b). ``` ``` Needless to say, depending upon the exercise, and the decision to be taken by the Excise Commissioner, all consequential benefits, if any, will follow. ``` ``` Sd/- ``` ## `DEVAN RAMACHANDRAN` ``` JUDGE ``` ``` SAS ``` ``` [WP(C) Nos.23875/2023 & conn.cases ``` ## `42` ## `APPENDIX OF WP(C) 25168/2023` ``` PETITIONER EXHIBITS Exhibit P1THE TRUE COPY OF THE EXCISE LICENSE OF THE PETITIONER Exhibit P2THE TRUE COPY OF THE ORDER OF SUSPENSION DATED 10.05.2023 Exhibit P3THE TRUE COPY OF THE DETAILED REPLY FILED BY THE PETITIONER DATED 18.05.2023 TO EXT. P2 SUSPENSION ORDER . Exhibit P4A TRUE COPY OF THE INTERIM ORDER IN WP(C) 14767/2023 DATED 02.05.2023. Exhibit P5THE SHOW-CAUSE NOTICE ISSUED TO LICENSEES OF CHENGANNUR EXCISE RANGE DATED 15.03.2023. Exhibit P6THE TRUE COPY OF THE REPORT OF 5TH RESPONDENT DATED 02.02.2023. Exhibit P7A TRUE COPY OF THE JUDGMENT DATED 06.06.2023 IN WP 16214/2023 Exhibit P8A TRUE COPY OF THE ORDER NO. EXC./2567/2021- EX.A-7 DATED 11.07.2023 ISSUED BY THE 2ND RESPONDENT. ``` ``` [WP(C) Nos.23875/2023 & conn.cases ``` ``` 43 ``` ## `APPENDIX OF WP(C) 25233/2023` ``` PETITIONER EXHIBITS Exhibit P1THE TRUE COPY OF THE EXCISE LICENSE OF THE PETITIONER Exhibit P2THE TRUE COPY OF THE ORDER OF SUSPENSION DATED 10.05.2023 Exhibit P3THE PETITIONER FILED A DETAILED REPLY DATED 14.05.2023 TO EXT. P2 SUSPENSION ORDER Exhibit P4THE TRUE COPY OF THE REPORT OF 5TH RESPONDENT Exhibit P5THE TRUE COPY OF THE INTERIM ORDER DATED 02.05.2023 IN WP(C) 14767/2023 OF THIS HON'BLE COURT Exhibit P6THE SHOW-CAUSE NOTICE ISSUED TO LICENSEES OF CHENGANNUR EXCISE RANGE Exhibit P7A TRUE COPY OF THE JUDGMENT DATED 06.06.2023 IN WP 16214/2023 Exhibit P8A TRUE COPY OF THE ORDER NO. EXC./2567/2021- EX.A-7 DATED 11.07.2023 ISSUED BY THE 2ND RESPONDENT ``` ``` [WP(C) Nos.23875/2023 & conn.cases ``` ``` 44 ``` ## `APPENDIX OF WP(C) 25370/2023` |`PETITIONER EXHIBITS`|| |---|---| |`Exhibit P1`|`THE TRUE COPY OF THE EXCISE LICENSE OF THE`| ||`PETITIONER DATED 19.08.23`| |`Exhibit P2`|`THE TRUE COPY OF THE ORDER OF SUSPENSION DATED`| ||`10.05.2023.`| |`Exhibit P3`|`THE DETAILED REPLY FILED BY THE PETITIONER`| ||`DATED 17.05.2023 TO EXT. P2 SUSPENSION ORDER .`| |`Exhibit P4`|`A TRUE COPY OF THE INTERIM ORDER IN WP(C)`| ||`14767/2023 DATED 02.05.2023`| |`Exhibit P5`|`A TRUE COPY OF THE SHOW-CAUSE NOTICE ISSUED TO`| ||`LICENSEES OF CHENGANNUR EXCISE RANGE DATED`| ||`15.03.2023`| |`Exhibit P6`|`THE TRUE COPY OF THE REPORT OF 5TH RESPONDENT`| ||`DATED 02.02.2023`| |`Exhibit P7`|`A TRUE COPY OF THE JUDGMENT DATED 06.06.2023`| ||`IN WP 16214/2023`| |`Exhibit P8`|`A TRUE COPY OF THE ORDER NO. EXC./2567/2021-`| ||`EX.A-7 DATED 11.07.2023 ISSUED BY THE 2ND`| ||`RESPONDENT`| ``` [WP(C) Nos.23875/2023 & conn.cases ``` ``` 45 ``` ## `APPENDIX OF WP(C) 25406/2023` ``` PETITIONER EXHIBITS Exhibit P1THE TRUE COPY OF THE EXCISE LICENSE OF THE PETITIONER Exhibit P2THE TRUE COPY OF THE ORDER OF SUSPENSION DATED 10.05.2023 Exhibit P3THE TRUE COPY OF THE DETAILED REPLY DATED 18.05.2023 TO EXT. P2 SUSPENSION ORDER . Exhibit P4THE TRUE COPY OF THE INTERIM ORDER IN WP(C) 14767/2023 DATED 02.05.23 Exhibit P5THE SHOW-CAUSE NOTICE ISSUED TO LICENSEES OF CHENGANNUR EXCISE RANGE. Exhibit P6THE TRUE COPY OF THE REPORT OF 5TH RESPONDENT DATED 02.02.2023 Exhibit P7A TRUE COPY OF THE JUDGMENT DATED 06.06.2023 IN WP 16214/2023 Exhibit P8A TRUE COPY OF THE ORDER NO. EXC./2567/2021- EX.A-7 DATED 11.07.2023 ISSUED BY THE 2ND RESPONDENT. ``` ## `[WP(C) Nos.23875/2023 & conn.cases` ## `46` ## `APPENDIX OF WP(C) 25409/2023` ``` PETITIONER EXHIBITS Exhibit P1THE TRUE COPY OF THE EXCISE LICENSE OF THE PETITIONER DATED 05.04.2022 Exhibit P2THE TRUE COPY OF THE SAID ORDER OF SUSPENSION DATED 10.05.2023 Exhibit P3THE PETITIONER FILED A DETAILED REPLY DATED 18.05.2023 TO EXT. P2 SUSPENSION ORDER . Exhibit P4THE TRUE COPY OF THE INTERIM ORDER IN WP(C) 14767/2023 DATED 02.05.2023 Exhibit P5THE SHOW-CAUSE NOTICE ISSUED TO LICENSEES OF CHENGANNUR EXCISE RANGE DATED 15.03.2023 Exhibit P6THE TRUE COPY OF THE REPORT OF 4TH RESPONDENT DATED 02.02.2023 Exhibit P7A TRUE COPY OF THE JUDGMENT DATED 06.06.2023 IN WP 16214/2023. Exhibit P8A TRUE COPY OF THE ORDER NO. EXC./2567/2021- EX.A-7 DATED 11.07.2023 ISSUED BY THE 2ND RESPONDENT ``` ``` [WP(C) Nos.23875/2023 & conn.cases ``` ``` 47 ``` ## `APPENDIX OF WP(C) 25555/2023` |`PETITIONER EXHIBITS`|| |---|---| |`Exhibit P1`|`THE TRUE COPY OF THE EXCISE LICENSE OF THE`| ||`PETITIONER DATED 05.04.2022`| |`Exhibit P2`|`THE TRUE COPY OF THE SAID ORDER OF SUSPENSION`| ||`DATED 10.05.2023`| |`Exhibit P3`|`A TRUE COPY OF THE DETAILED REPLY DATED`| ||`18.05.2023 TO EXT P2 SUSPENSION ORDER`| |`Exhibit P4`|`A TRUE COPY OF THE INTERIM ORDER IN WP(C)`| ||`14767/2023 DATED 02.05.2023`| |`Exhibit P5`|`A TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED TO`| ||`LICENSEES OF CHENGANNUR EXCISE RANGE DATED`| ||`15.03.2023`| |`Exhibit P6`|`A TRUE COPY OF THE REPORT OF 4TH RESPONDENT`| ||`DATED 02.02.2023`| |`Exhibit P7`|`A TRUE COPY OF THE JUDGMENT DATED 06.06.2023`| ||`IN WP(C) 16214/2023`| |`Exhibit P8`|`A TRUE COPY OF THE ORDER NO. EXC./2567/2021-`| ||`EX.A-7 DATED 11.07.2023 ISSUED BY THE 2ND`| ||`RESPONDENT`| ``` [WP(C) Nos.23875/2023 & conn.cases ``` ``` 48 ``` ## `APPENDIX OF WP(C) 25583/2023` ``` PETITIONER EXHIBITS Exhibit P1A TRUE COPY OF THE EXCISE LICENSE OF THE PETITIONER Exhibit P2A TRUE COPY OF THE SAID ORDER OF SUSPENSION DATED 10.05.2023 Exhibit P3A TRUE COPY OF DETAILED REPLY DATED 18.05.2023 TO EXT. P2 SUSPENSION ORDER Exhibit P4THE TRUE COPY OF INTERIM ORDER IN WP(C) 14767 OF 2023 DATED 02.05.2023 Exhibit P5THE TRUE COPY OF THE SHOW-CAUSE NOTICE NO. EXC/2567/2021-XA7 ISSUED TO LICENSEES OF CHENGANNUR EXCISE RANGE DATED 15.03.2023 Exhibit P6THE TRUE COPY OF THE REPORT OF 4TH RESPONDENT DATED 02.02.2023 Exhibit P7A TRUE COPY OF THE JUDGMENT DATED 06.06.2023 IN WP (C) 16214/2023 Exhibit P8A TRUE COPY OF THE ORDER NO. EXC./2567/2021- EX.A-7 DATED 11.07.2023 ISSUED BY THE 2ND RESPONDENT ``` ``` [WP(C) Nos.23875/2023 & conn.cases ``` ## `49` ## `APPENDIX OF WP(C) 25586/2023` |`PETITIONER EXHIBITS`|| |---|---| |`Exhibit P1`|`THE TRUE COPY OF THE EXCISE LICENSE OF THE`| ||`PETITIONER DATED 07.04.2022`| |`Exhibit P2`|`THE TRUE COPY OF THE ORDER OF SUSPENSION DATED`| ||`10.05.2023`| |`Exhibit P3`|`THE PETITIONER FILED A DETAILED REPLY DATED`| ||`18.05.2023 TO EXT. P2 SUSPENSION ORDER`| |`Exhibit P4`|`THE TRUE COPY OF THE INTERIM ORDER IN WP(C)`| ||`14767/2023 DATED 02.05.2023`| |`Exhibit P5`|`THE SHOW-CAUSE NOTICE ISSUED TO LICENSEES OF`| ||`CHENGANNUR EXCISE RANGE`| |`Exhibit P6`|`THE TRUE COPY OF THE REPORT OF 4TH RESPONDENT`| ||`DATED 02.02.2023`| |`Exhibit P7`|`A TRUE COPY OF THE JUDGMENT DATED 06.06.2023`| ||`IN WP 16214/2023`| |`Exhibit P8`|`A TRUE COPY OF THE ORDER NO. EXC./2567/2021-`| ||`EX.A-7 DATED 11.07.2023 ISSUED BY THE 2ND`| ||`RESPONDENT.`| ``` [WP(C) Nos.23875/2023 & conn.cases ``` ``` 50 ``` ## `APPENDIX OF WP(C) 25678/2023` |`PETITIONER EXHIBITS`|| |---|---| |`Exhibit P1`|`THE TRUE COPY OF THE CURRENT EXCISE LICENSE OF`| ||`THE PETITIONER DATED 05.04.2022`| |`Exhibit P2`|`THE TRUE COPY OF THE ORDER OF SUSPENSION DATED`| ||`10.05.2023`| |`Exhibit P3`|`THE PETITIONER FILED A DETAILED REPLY DATED`| ||`18.05.2023 TO EXT. P2 SUSPENSION ORDER`| |`Exhibit P4`|`TRUE COPY OF THE INTERIM ORDER IN WP(C)`| ||`14767/2023 DATED 02.05.23`| |`Exhibit P5`|`THE SHOW-CAUSE NOTICE ISSUED TO LICENSEES OF`| ||`CHENGANNUR EXCISE RANGE`| |`Exhibit P6`|`THE TRUE COPY OF THE REPORT OF 4TH RESPONDENT`| ||`DATED 02.02.2023`| |`Exhibit P7`|`A TRUE COPY OF THE JUDGMENT DATED 06.06.2023`| ||`IN WP(C) 16214/2023`| |`Exhibit P8`|`A TRUE COPY OF THE ORDER NO. EXC./25 67/2021-`| ||`EX.A-7 DATED 11.07.2023 ISSUED BY THE 2ND`| ||`RESPONDENT.`| ``` [WP(C) Nos.23875/2023 & conn.cases ``` ## `51` ## `APPENDIX OF WP(C) 25760/2023` |`PETITIONER EXHIBITS`|| |---|---| |`Exhibit P1`|`THE TRUE COPY OF THE EXCISE LICENSE OF THE`| ||`PETITIONER DATED 05.04.22`| |`Exhibit P2`|`THE TRUE COPY OF THE ORDER OF SUSPENSION DATED`| ||`10.05.2023`| |`Exhibit P3`|`THE TRUE COPY OF THE DETAILED REPLY FILED BY`| ||`THE PETITIONER DATED 18.05.2023 TO EXT. P2`| ||`SUSPENSION ORDER .`| |`Exhibit P4`|`THE TRUE COPY OF THE INTERIM ORDER IN WP(C)`| ||`14767/2023 DATED 02.05.2023`| |`Exhibit P5`|`THE SHOW-CAUSE NOTICE ISSUED TO LICENSEES OF`| ||`CHENGANNUR EXCISE RANGE DATED 15.03.2023`| |`Exhibit P6`|`THE TRUE COPY OF THE REPORT OF 5TH RESPONDENT`| ||`DATED 02.02.2023`| |`Exhibit P7`|`A TRUE COPY OF THE JUDGMENT DATED 06.06.2023`| ||`IN WP 16214/2023.`| |`Exhibit P8`|`A TRUE COPY OF THE ORDER NO. EXC./2567/2021-`| ||`EX.A-7 DATED 11.07.2023 ISSUED BY THE 2ND`| ||`RESPONDENT.`| ``` [WP(C) Nos.23875/2023 & conn.cases ``` ## `52` ## `APPENDIX OF WP(C) 25824/2023` ``` PETITIONER EXHIBITS Exhibit P1THE TRUE COPY OF THE EXCISE LICENSE OF THE PETITIONER 16.6.2022. Exhibit P2THE TRUE COPY OF THE ORDER OF SUSPENSION 10.05.2023 Exhibit P3THE PETITIONER FILED A DETAILED REPLY TO EXT. P2 SUSPENSION ORDER DATED 18.05.2023 Exhibit P4A TRUE COPY OF THE INTERIM ORDER IN WP(C) 14767/2023 DATED 02.05.2023 Exhibit P5THE SHOW-CAUSE NOTICE ISSUED TO LICENSEES OF CHENGANNUR EXCISE RANGE DATED 15.03.2023. Exhibit P6THE TRUE COPY OF THE REPORT OF THE 4TH RESPONDENT DATED 02.02.23 Exhibit P7A TRUE COPY OF THE JUDGMENT DATED 06.06.2023 IN WP 16214/2023. Exhibit P8A TRUE COPY OF THE ORDER NO. EXC./2567/2021- EX.A-7 DATED 11.07.2023 ISSUED BY THE 2ND RESPONDENT ``` ## `[WP(C) Nos.23875/2023 & conn.cases` ## `53` ## `APPENDIX OF WP(C) 26133/2023` |`PETITIONER EXHIBITS`|| |---|---| |`Exhibit P1`|`THE TRUE COPY OF THE EXCISE LICENSE OF THE`| ||`PETITIONER.`| |`Exhibit P2`|`THE TRUE COPY OF THE SHOW CAUSE NOTICE DATED`| ||`15.03.2023.`| |`Exhibit P3`|`THE TRUE COPY OF THE REPORT OF THE 4TH`| ||`RESPONDENT DATED 02.02.2023`| |`Exhibit P4`|`A TRUE COPY OF THE REPLY TO SHOW-CAUSE NOTICE`| ||`FILED BY THE PETITIONER DATED 07.06.2023 .`| |`Exhibit P5`|`A TRUE COPY OF THE JUDGMENT DATED 06.06.2023`| ||`IN WP 16214/2023`| |`Exhibit P6`|`A TRUE COPY OF THE ORDER OF CANCELLATION NO.`| ||`EXC/2567/2021-XA.7 DATED 29.07.2023.`| ## `[WP(C) Nos.23875/2023 & conn.cases` ## `54` ## `APPENDIX OF WP(C) 26179/2023` ``` PETITIONER EXHIBITS Exhibit P1THE TRUE COPY OF THE EXCISE LICENSE OF THE PETITIONER DATED 02.04.2022 Exhibit P2THE TRUE COPY OF THE SHOW CAUSE NOTICE DATED 15.03.2023 Exhibit P3THE TRUE COPY OF THE REPORT OF THE 4TH RESPONDENT DATED 02.02.2023 Exhibit P4A TRUE COPY OF THE REPLY TO SHOW-CAUSE NOTICE FILED BY THE PETITIONER DATED 07.06.2023 Exhibit P5A TRUE COPY OF THE JUDGMENT DATED 06.06.2023 IN WP 16214/2023 Exhibit P6A TRUE COPY OF THE ORDER OF CANCELLATION NO. EXC/2567/2021-XA.7 DATED 29.07.2023 ``` ## `[WP(C) Nos.23875/2023 & conn.cases` ## `55` ## `APPENDIX OF WP(C) 26183/2023` ``` PETITIONER EXHIBITS Exhibit P1THE TRUE COPY OF THE EXCISE LICENSE OF THE PETITIONER. Exhibit P2THE TRUE COPY OF THE SHOW CAUSE NOTICE DATED 15.03.2023. Exhibit P3THE TRUE COPY OF THE REPORT OF THE 4TH RESPONDENT DATED 02.02.2023 Exhibit P4A TRUE COPY OF THE REPLY TO SHOW-CAUSE NOTICE FILED BY THE PETITIONER DATED 07.06.2023 Exhibit P5A TRUE COPY OF THE JUDGMENT DATED 06.06.2023 IN WP 16214/2023. Exhibit P6A TRUE COPY OF THE ORDER OF CANCELLATION NO. EXC/2567/2021-XA.7 DATED 29.07.2023. ``` ## `[WP(C) Nos.23875/2023 & conn.cases` ## `56` ## `APPENDIX OF WP(C) 26304/2023` ``` PETITIONER EXHIBITS Exhibit P1THE TRUE COPY OF THE EXCISE LICENSE OF THE PETITIONER DATED 02.04.2022 Exhibit 2THE TRUE COPY OF THE SHOW CAUSE NOTICE DATED 15.03.2023 Exhibit P3THE TRUE COPY OF THE REPORT OF THE 4TH RESPONDENT DATED 02.02.2023 Exhibit P4A TRUE COPY OF THE REPLY TO SHOW-CAUSE NOTICE FILED BY THE PETITIONER DATED 07.06.2023 Exhibit P5A TRUE COPY OF THE JUDGMENT DATED 06.06.2023 IN WP 16214/2023 Exhibit P6A TRUE COPY OF THE ORDER OF CANCELLATION NO. EXC/2567/2021-XA.7 DATED 29.07.2023 ``` ## `[WP(C) Nos.23875/2023 & conn.cases` ## `57` ## `APPENDIX OF WP(C) 26371/2023` ``` PETITIONER EXHIBITS Exhibit P1THE TRUE COPY OF THE EXCISE LICENSE OF THE PETITIONER DATED 03.04.2022 Exhibit P2THE TRUE COPY OF THE SHOW CAUSE NOTICE DATED 15.03.2023 Exhibit P3THE TRUE COPY OF THE REPORT OF THE 4TH RESPONDENT DATED 02.02.2023 Exhibit P4A TRUE COPY OF THE REPLY TO SHOW-CAUSE NOTICE FILED BY THE PETITIONER DATED 07.06.2023 Exhibit P5A TRUE COPY OF THE JUDGMENT DATED 06.06.2023 IN WP 16214/2023 Exhibit P6A TRUE COPY OF THE ORDER OF CANCELLATION NO. EXC/2567/2021-XA.7 DATED 29.07.2023 ``` ``` [WP(C) Nos.23875/2023 & conn.cases ``` ## `58` ## `APPENDIX OF WP(C) 26477/2023` |`PETITIONER EXHIBITS`|| |---|---| |`Exhibit P1`|`THE TRUE COPY OF THE EXCISE LICENSE OF THE`| ||`PETITIONER`| |`Exhibit P2`|`THE TRUE COPY OF THE SHOW CAUSE NOTICE DATED`| ||`06.04.2023`| |`Exhibit P3`|`THE TRUE COPY OF THE REPORT OF THE 4TH`| ||`RESPONDENT DATED 02.02.2023`| |`Exhibit P4`|`THE TRUE COPY OF THE INTERIM ORDER IN WP(C)`| ||`14767/2023 DATED 02.05.2023`| |`Exhibit P5`|`THE TRUE COPY OF THE REPLY TO SHOW-CAUSE`| ||`NOTICE FILED BY THE PETITIONER DATED`| ||`20.05.2023`| |`Exhibit P6`|`A TRUE COPY OF THE JUDGMENT DATED 06.06.2023`| ||`IN WP 16214/2023`| |`Exhibit P7`|`A TRUE COPY OF THE ORDER OF CANCELLATION NO.`| ||`EXC/2567/2021-XA.7 DATED 29.07.2023`| |`Exhibit P8`|`A TRUE COPY OF THE COMPLAINT DATED 15.05.2023`| ||`BEFORE THE HON'BLE CHIEF MINSTER OF KERALA`| ||`AGAINST THE 6TH RESPONDENT`| |`Exhibit P9`|`TRUE COPY OF THE LICENCES DATED 27.07.2023`| ||`ISSUED UNDER MONEY LENDER'S ACT TO THE MR.`| ||`SREERAG`| |`Exhibit P10`|`TRUE COPY OF ONE OF THE AFFIDAVITS SUBMITTED`| ||`BY ONE OF THE LICENCEE FOR DECLARING THE`| ||`SOURCE OF THE AMOUNT UTILISED FOR GETTING THE`| ||`LICENSE DATED 21/02/2022`| |`Exhibit P11`|`TRUE COPY OF THE ORDER IN WP(CRL) 460/2023`| ||`DATED 26/05/2023`| |`Exhibit P11A`|`TRUE COPY OF JUDGEMENT IN CRL. MC 2129/2023`| ||`DATED 11/04/2023`| |`Exhibit P12`|`TRUE COPY OF THE PWD CONTRACTOR'S LICENSE (A-`| ||`CLASS) OF THE PETITIONER`| |`Exhibit P13`|`TRUE COPY OF THE AGREEMENT BETWEEN KAYA`| ||`SPIRITS AND KALYANI SPIRITED ENTERPRISES DATED`| ||`31/01/2022`| |`Exhibit P14`|`TRUE COPY OF THE ORDER OF THE EXCISE`| ||`COMMISSIONER DATED 15/03/2023 CANCELLING THE`| ``` [WP(C) Nos.23875/2023 & conn.cases ``` **==> picture [16 x 9] intentionally omitted <==** ``` Exhibit P15 ``` ``` PRIVILEGE OF TODDY SHOP OF MR. SREEKUMAR TRUE COPY OF THE ORDER DATED 11/07/2023 BY THE EXCISE COMMISSIONER CANCELLING THE LICENSES OF ABOUT 12 LICENSEES OF NEYYANTINKKARA, SASTHAMKOTTA, NOORANADU, KAYAMKULAM, MAVELIKKARA AND VADANAPALLY EXCISE RANGES ``` ``` [WP(C) Nos.23875/2023 & conn.cases ``` ``` 60 ``` ## `APPENDIX OF WP(C) 23875/2023` |`PETITIONER EXHIBITS`|| |---|---| |`Exhibit 1`|`THE TRUE COPY OF THE EXCISE LICENSE OF THE`| ||`PETITIONER.`| |`Exhibit P2`|`THE TRUE COPY OF THE ORDER OF SUSPENSION DATED`| ||`10.05.2023`| |`Exhibit P3`|`A TRUE COPY OF THE DETAILED REPLY FILED BY THE`| ||`PETITIONER DATED 16.05.2023 TO EXT. P2`| ||`SUSPENSION ORDER`| |`Exhibit P4`|`A TRUE COPY OF THE INTERIM ORDER IN WP(C)`| ||`14767/2023 DATED 2ND MAY 2023.`| |`Exhibit P5`|`A TRUE COPY OF THE SHOW-CAUSE NOTICE ISSUED TO`| ||`LICENSEES OF CHENGANNUR EXCISE RANGE DATED`| ||`15.03.2023`| |`Exhibit P6`|`A TRUE COPY OF THE DEMAND DRAFT OF SOUTH`| ||`INDIAN BANK.`| |`Exhibit P7`|`THE TRUE COPY OF THE REPORT OF 5TH RESPONDENT`| ||`DATED 02.02.2023`| |`Exhibit P8`|`THE TRUE COPY OF THE TRANSIT PASS DATED`| ||`19.10.2022`| |`Exhibit P9`|`A TRUE COPY OF THE RESOLUTION DATED 17.05.2023`| ||`TAKEN BY THE WORKERS COMMITTE`| |`Exhibit P10`|`A TRUE COPY OF THE JUDGMENT DATED 06.06.2023`| ||`IN WP 16214/2023`| |`Exhibit P11`|`*(A TRUE COPY OF THE ORDER NO. EXC./2567/2021-`| ||`EX.A-7 DATED 14.07.2023 ISSUED BY THE 2ND`| ||`RESPONDENT )- *REPLACED WITH EXHIBIT P11(A)`| ||`PRODUCED ALONG WITH IA1/23, AS PER ORDER DATED`| ||`21/07/2023 IN IA1/23.`| |`Exhibit P11(a)`|`TRUE COPY OF THE ORDER NO. EXC/2567/2023-XA-7`| ||`DATED 11/07/2023`|