MOHANKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is the licensee of all the toddy shops in Group No. II of Sulthan Batheri Excise Range in Wayanad Division, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P-5 order dated 27.12.2017 of the 2nd respondent and also a writ of mandamus commanding the respondents to keep in abeyance Ext.P-5 order of suspension and permit him to conduct all the toddy shops in Group No. II of Sulthan Batheri Excise Range in Wayanad Division, till the disposal of Ext.P-4 petition for discharge filed in S.C.No. 60/2017 pending before the Additional Sessions Court-II, Kalpetta.

(2.) Heard the learned counsel for the petitioner and also the learned Senior Government Pleader appearing for the respondents.

(3.) By Ext.P-5 order of suspension issued by the 2nd respondent, the license in respect of the toddy shops in question has been suspended and also the privileges of the petitioner with immediate effect, as he is arrayed as the 4th accused in Crime No. 106/15 of Meenangadi Police Station alleging offences under Sections 55(a), 55B and 57(a) of the Abkari Act, by invoking the powers Section 26(b) of the Abkari Act read with Rules 5(3)(i) and 7(31) of the Kerala Abkari Shops Disposal Rules, 2002 and the petitioner is directed to show cause why his license and the privileges shall not be cancelled. On receipt of Ext.P-5 order of suspension, the petitioner submitted Ext.P-6 reply dated 30.12.2017.