SANTHAMMA JOHN Vs. EXCISE COMMISSIONER

JUDGEMENT

(1.) W.P.(C) No.853 of 2018 is one filed by the person who is stated to be the owner of a property having an extent of 2 Acres 81 cents in Survey No.40/5 (Resurvey No.298/1B) of Thiruvaniyoor Village, seeking a writ of mandamus commanding the second respondent Deputy Commissioner of Excise, Ernakulam to consider and pass orders on Ext.P4 complaint dated 16.12.2017 within a time limit to be fixed by this Court. The petitioner has also sought for a writ of mandamus commanding respondents 1 to 5 to cancel the licence issued to additional respondents 6 to 8 in respect of Toddy Shop No.TS 28 in Group VIII of Mamala Range conducted in building No.II/263A of Thiruvaniyoor Grama Panchayath.

(2.) Additional respondents 6 to 8 were impleaded vide order dated 10.01.2018 in I.A. No.458 of 2018. On receipt of notice, a counter affidavit dated 101.2018 has been filed by the additional 6th respondent.

(3.) During the pendency of W.P.(C) No.853 of 2018, an order dated 201.2018 has been issued by the Deputy Commissioner of Excise, Ernakulam, whereby the licence of the toddy shop in question stands cancelled based on Ext.P4 complaint in W.P.(C) No.853 of 2018. Accordingly, the additional 6th respondent filed W.P.(C) No.3009 of 2018, seeking a writ of certiorari to quash Ext.P9 order dated 201.2018 of the Deputy Commissioner of Excise and seeking an order directing the said respondent not to insist the consent of the owner for continuing with the toddy shop in building bearing No.II/263A of Thiruvaniyoor Grama Panchayath, in view of Exts.P1 to P9 produced in that writ petition. On 29.01.2018, when W.P.(C) No.3009 of 2018 came up for admission, the learned counsel for the petitioner was directed to serve a copy of this writ petition to the learned counsel, who represents the third respondent owner, who is the petitioner in W.P.(C) No.853 of 2018. Accordingly, both writ petitions are listed today for consideration.