GIREESHKUMAR Vs. EXCISE COMMISSIONER

JUDGEMENT

(1.) The petitioners, who are joint licensees in respect of toddy shops in Group No.II of the Mallappally Excise Range for the year 2014-15, are before this Court in this writ petition filed under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P10 order dated 27.12.2017 issued by the 1st respondent Excise Commissioner whereby the license in respect of the toddy shops in question has been suspended and also the privileges of the petitioners with immediate effect and the petitioners are directed to show cause why their license and the privileges shall not be cancelled under Section 26(b) of the Abkari Act read with Rules 5(1) (a) , 5(3) (ii) and 7(31) of the Kerala Abkari Shops Disposal Rules, 2002. The petitioners have also sought a declaration that they are entitled to continue the conduct of toddy shops in Group No.II of Mallappally Excise Range without taking into account the implication of the petitioners as accused Nos.3 and 4 in Ext.P2 crime and occurrence report in the light of the Ext.P7 interim order of this Court dated 13.03.2015 in W.P. (C) No.7784 of 2015. The petitioners have also sought for other consequential reliefs.

(2.) A detailed statement has been filed on behalf of the 2nd respondent opposing the reliefs sought for in this writ petition.

(3.) Heard the learned counsel for the petitioners and also the learned Senior Government Pleader appearing for the respondents.