PRIYADARSAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Ext.P7 order passed by the 2nd respondent revoking the suspension order passed against the 4th respondent, subject to the final orders in the Criminal MC pending before this court.

(2.) Brief facts for the disposal of the writ petition are thus; petitioner is a toddy tapper. Petitioner and the Union of workers were complaining about the sale of Indian Made Foreign Liquor, hereinafter called "foreign liquor ", in the toddy shops of Kuttanad Excise Range, particularly, toddy shop Nos.76, 77 and 133 conducted by the party respondents herein. It is the contention of the petitioner that sale of foreign liquor in toddy shops has adversely affected the employment prospects of toddy tappers. On the continued complaints made by the Trade Unions on 11.7.2013, Sub Inspector of Police, Pulincunnu Police Station seized 4.28 liters of foreign liquor from toddy Shop No.76. The Manager of the Toddy Shop namely, the 5th respondent, the Salesman and the licencee of the toddy shop namely the 4th respondent were made accused in the said crime alleging offence under Section 56(b) and 55(a) (i) of the Kerala Abkari Act.

(3.) Matters being so, Ext.P5 order of suspension of licence of the 4th respondent was issued. Thereupon, 4th respondent/3rd accused in the crime approached this court by filing a Criminal M.C. seeking to quash the registration of F.I.R apparently disowning the Manager and Salesman and also contending that he has no complicity in the occurrence of the crime. It is also contended that Ext.P5 order of suspension of licence was challenged before this court and the same ended in futility. However, it is contended that 2nd respondent restored the licence by Ext.P7 order subject to the result of the Criminal MC pending before this court. It is thus aggrieved by Ext.P7, petitioner has filed this writ petition.