IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
WP(C) NO. 17571 OF 2022
PETITIONER:
TOM THOMAS
AGED 50 YEARS, S/O THOMAS,
POOCHALIL HOUSE, KODUVELY P. O.,
THODUPUZHA, IDUKKI DISTRICT, PIN - 685 582.
BY ADVS.
P.T.SHEEJISH
SANDRA TOM
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY,
TAXES (A) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT, PIN-695 001.
2 THE CHIEF SECRETARY
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT, PIN - 695 001.
3 THE EXCISE COMMISSIONER
EXCISE COMMISSIONERATE, VIKAS BHAVAN P. O., NANDAVANAM,
THIRUVANANTHAPURAM DISTRICT, PIN - 695 033.
4 MANAGING DIRECTOR
KERALA STATE BEVERAGES CORPORATION LIMITED,
BEVCO TOWER, VIKAS BHAVAN P. O., PALAYAM,
THIRUVANANTHAPURAM DISTRICT, PIN - 695 033.
BY ADVS.
SHRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI. V.TEKCHAND, SR GP,
SRI. T.NAVEEN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.17571 of 2022
2
JUDGMENT
Dated this the 8th day of June, 2022 S.Manikumar, C.J.
Instant writ petition is filed for the following reliefs:
"(i) to issue a writ of mandamus or any other appropriate writ, order or direction to the respondents 1 to 4 to immediately consider the representations Exts.P3 to P6 of the petitioner, within a timeframe fixed by this Hon'ble Court, in the interest of justice."
2. Short facts leading to the filing of the writ petition are as under:
2.1. This writ petition is filed for the speedy indulgence of this court as it has been come to the notice of the petitioner that the 1st respondent has allocated FL-9 warehouses without providing sufficient Excise Officer's supervision in violation of the provisions of the Abkari Act which could lead to safety issues in liquour warehouses.
2.2. Though the petitioner has submitted various representations before the respondent authorities for immediate action in the matter and to reconsider Exhibit P2 order, till date no action has been taken by the respondents to resolve the grievance of the petitioner.
W.P.(C)No.17571 of 2022 3
3. Exhibit P3 dated 24.04.2022 is a representation addressed to the Principal Secretary, Taxes (A) Department, Government of Kerala, Government Secretariat, Thiruvananthapuram (respondent No.1).
4. Considering the limited prayer, Mr.V.Tekchand, learned Senior Government Pleader is directed to take notice. He submitted that Exhibit P3 would be considered by the above said respondent within two weeks from the date of receipt of a copy of this judgment.
5. Placing on record the above, the Principal Secretary, Taxes (A) Department (respondent No.1) is directed to consider and dispose of the representation dated 24.04.2022 in accordance with law.
Writ petition is disposed of as above. Pending interlocutory applications, if any, shall stand closed.
Sd/-
S.Manikumar Chief Justice Sd/-
Shaji P.Chaly Judge vpv W.P.(C)No.17571 of 2022 4 APPENDIX OF WP(C) 17571/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE LETTER NO.
EXC/5360/2021-XC3 DATED 20.12.2021, FROM THE 3RD RESPONDENT ALONG WITH TRANSLATION. Exhibit P2 THE TRUE COPY OF THE GOVERNMENT ORDER G.O.
(MS)NO. 11/2022/TAXES DATED 03.02.2022. Exhibit P3 THE TRUE COPY OF THE REPRESENTATION DATED 24.04.2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
Exhibit P4 THE TRUE COPY OF THE REPRESENTATION DATED 24.04.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P5 THE TRUE COPY OF THE REPRESENTATION DATED 24.04.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
Exhibit P6 THE TRUE COPY OF THE REPRESENTATION DATED 24.04.2022 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
Exhibit P7 THE TRUE COPY OF THE POSTAL RECEIPTS DATED 25.04.2022.
//true copy// P.A. to Judge