P.R. CHELLAPPAN Vs. THE EXCISE COMMISSIONER,

JUDGEMENT

(1.) The petitioner is the licensee of Toddy Shops Nos. 66 to 70 in Group No. XII of Kanjirappally Range in Kottayam Division, for the current year (2010 -11). He holds Ext.P1 toddy transport permit issued by the Deputy Excise Commissioner, Palakkad, dated 29.3.2010, permitting him to transport toddy from Chittur Range to Kanjirappally Range in vehicles bearing Reg. Nos. KL 36A - 2826 or KL5 V -5582 between 6 AM ad 3 P.M. daily once (via) Vadakkancherry - Kombazha - Angamali - Kuruvilangad - Pala - Paika. The said permit is valid till 30.9.2010. This writ petition is filed contending that the petitioner is entitled to transport toddy in both the vehicles on alternate days and that the respondents are not permitting him to transport toddy in both the vehicles. According to the petitioner, it is for him to decide in which vehicle toddy should be transported and that the respondents cannot insist that only one among the two vehicles shall be used.

(2.) The learned Government Pleader appearing on behalf of the respondents submits that a large number of similar writ petitions raising similar contentions were filed in this Court and that pursuant to the directions issued by this Court, the Excise Commissioner has passed an order dated 22.7.2010, modifying his earlier order. A copy of the said order has been made available to me and it reads as follows: