M. NARAYANAN Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) The petitioners, the licensees of Toddy Shop Nos. 40, 41, 42, 46, 48, 57 and 59 in Group No.VII of Sreekandapuram Excise Range, had a sample taken from one of their shops by the first respondent on 13.09.2013. In the face of the crime registered by the police, the third respondent, on 17.11.2014, issued Exhibit P4 show cause notice -cum -order of suspension. Having submitted their Exhibit P5 explanation, the petitioners, thereafter, filed W.P. (C) No. 31190/2014.

(2.) This Court on 27.01.2015 issued an interim order directing the authorities to renew the petitioners licence for the Abkari year 2015 -2016. In the course of time, as a matter of subsequent development, the third respondent passed Exhibit P8 order of cancellation essentially based on the findings of the B sample, as well as A sample, obtained on 13.09.2013. Now assailing Exhibit P8, the petitioners have filed the present writ petition.

(3.) The learned counsel for the petitioners has contended that the order of suspension was initially issued concerning the licence for the year 2014 -2015. According to him, that licence came to an end. When the petitioners were enjoying a new licence for the year 2015 -2016 granted by the authorities in the light of the direction given by this Court, the third respondent has passed Exhibit P8 order without any notice, much less hearing the petitioners.