IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 20116 OF 2022
PETITIONERS:
1 PROF.G.S.CHANDRA BHANU NAIR
AGED 81 YEARS
S/O GOPALA PILLAI, RESIDING AT CHANDRAMANGALAM,
PERUMANOOR (PO), KOTTARAKKARA, KOLLAM DISTRICT.
2 E.PRASANNAKUMARY,
AGED 62 YEARS
W/O PROF. G.S. CHANDRA BHANU NAIR, RESIDING AT
CHANDRAMANGALAM, PERUMANOOR (PO), KOTTARAKKARA,
KOLLAM DISTRICT.
BY ADVS.
M.V.THAMBAN
R.REJI
ARUN BOSE
THARA THAMBAN
SUNEESH KUMAR R.
B.BIPIN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF TAXES, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
2 KERALA STATE BEVERAGES (M & M) CORPORATION LTD
VIKAS BHAVAN (PO), THIRUVANANTHAPURAM PIN- 695 033,
REPRESENTED BY ITS MANAGING DIRECTOR.
3 THE MANAGING DIRECTOR,
KERALA STATE BEVERAGES (M & M) CORPORATION LTD,
VIKAS BHAVAN (PO), THIRUVANANTHAPURAM PIN- 695 033.
2
W.P.(C)No. 20116 of 2022.
THE REGIONAL MANAGER,
KERALA STATE BEVERAGES (M & M) CORPORATION
4
LTD, REGIONAL OFFICE, THIRUVALLA, PIN-695033.
5 THE MANAGER
KERALA STATE BEVERAGES CORPORATION LIMITED,
KOTTARAKKARA, PIN-691506.
6 THE COMMISSIONER OF EXCISE.
OFFICE OF THE COMMISSIONER OF EXCISE,
THIRUVANANTHAPURAM, PIN-695033.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
3
W.P.(C)No. 20116 of 2022.
JUDGMENT
Dated this the 24th day of June, 2022.
Interestingly, the landlords of a building have approached this Court through this writ petition, alleging that the Commissioner of Excise has acted incorrectly in having ordered the Kerala State Beverage Corporation (KSBC) to shift their retail outlet from the building in question.
2. The petitioners contend that the Commissioner of Excise has gone wrong in ordering closure of the outlet in question, since it has all the facilities as are statutorily required and that they have spent more than 22 lakhs to 4 W.P.(C)No. 20116 of 2022.
ensure it.
3. Even when I hear Sri.R.Reji - learned counsel for the petitioners as above, it is indubitable that this Court cannot enter into the merits of the decision of the Commissioner of Excise because he has acted validly on the basis of the statutory criteria as are applicable.
There is no allegation against the Commissioner of Excise to the effect that he has acted malafide and obviously, therefore, the jurisdiction of this Court is extremely inhibited.
Resultantly, leaving liberty to the petitioners to invoke any other remedy that may be available to them, including for approaching the Commissioner of Excise appositely, if they so interested, I close this Writ Petition 5 W.P.(C)No. 20116 of 2022.
without any further orders.
Sd/-
DEVAN RAMACHANDRAN JUDGE Raj/24.06.2022.
6W.P.(C)No. 20116 of 2022.
APPENDIX OF WP(C) 20116/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AGREEMENT DATED 04.07.2020 EXECUTED BETWEEN PETITIONER AND 2ND RESPONDENT.
Exhibit P2 TRUE COPY OF THE LETTER DATED 08.06.2018 OF THE 1ST PETITIONER ADDRESSED TO THE 6TH RESPONDENT IN ANSWER TO THEIR DEMANDS.
Exhibit P3 TRUE COPY OF THE PHOTOGRAPH OF THE PROPERTY OF THE PETITIONERS.
Exhibit P3 a TRUE COPY OF THE PHOTOGRAPH OF THE PROPERTY OF THE PETITIONERS.
Exhibit P3 b TRUE COPY OF THE PHOTOGRAPH OF THE PROPERTY OF THE PETITIONERS.
Exhibit P4 TRUE COPY OF THE LETTER NO. KTR 2022-
23/150 OF THE 5TH RESPONDENT DATED 25.05.2022.
Exhibit P5 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY RESPONDENTS 2 TO 5 IN WP (C) NO.17397/2022 OF THIS HON'BLE COURT. Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 7 W.P.(C)No. 20116 of 2022.
26.05.2022 FILED BEFORE THE HON'BLE MINISTER FOR EXCISE.
TRUE COPY OF THE EXTRACT OF THE LIST OF SHOPS TO BE SHIFTED ON THE BASIS OF Exhibit P7 THE AUDIT CONDUCTED BY THE 6TH RESPONDENT PRODUCED IN C.C(C) NO. 982/2021 OF THIS HON'BLE COURT IS PRODUCED IN CONTEMPT OF COURT CASE NO.982/2021.