Kerala High Court
Hotel Ashoka vs State Of Kerala on 8 August, 2025
WP(C) NO. 28931 OF 2025 1
2025:KER:59534
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 8TH DAY OF AUGUST 2025 / 17TH SRAVANA, 1947
WP(C) NO. 28931 OF 2025
PETITIONERS:
1 HOTEL ASHOKA,
BUILDING NO.25/468, MUNICIPAL OFFICE ROAD,OPP. TOWN
HALL, ALAPPUZHA, REPRESENTED BY ITS MANAGING PARTNER,
S.DEVANAND, AGED 60 YEARS, S/O.S.SRADHANANDAN,RESIDING
AT SUBHADRALAYAM, KANICHUKULANGARA P.O, CHERTHALA,
ALAPPUZHA DISTRICT, PIN - 688001
2 TINCY THOMAS,
AGED 34 YEARS
W/O.APPU THOMAS (LATE), RESIDING AT KUNNAPPALLY
HOUSE,MUHAMMA P.O, ALAPPUZHA DISTRICT, PIN - 688525
BY ADVS.
SHRI.M.G.KARTHIKEYAN
SRI.NIREESH MATHEW
SRI.VIVEK VENUGOPAL
SRI.BABU JOSE
SHRI.GAJENDRA SINGH RAJPUROHIT
SHRI.AKHIL GEORGE
SHRI.ATHUL POULOSE
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY, TAXES (A) DEPARTMENT, GOVT.
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE EXCISE COMMISSIONER,
COMMISSIONERATE OF EXCISE, EXCISE HEAD
QUARTERS,NANDAVANAM, THIRUVANANTHAPURAM, PIN - 695033
3 THE DEPUTY COMMISSIONER OF EXCISE,
EXCISE DIVISION OFFICE, IRON BRIDGE P.O,NEAR GENERAL
WP(C) NO. 28931 OF 2025 2
2025:KER:59534
HOSPITAL, ALAPPUZHA, PIN - 688011
4 THE CIRCLE INSPECTOR OF EXCISE,
EXCISE DIVISION OFFICE, EXCISE COMPLEX,2ND FLOOR, IRON
BRIDGE P.O, NEAR GENERAL HOSPITAL, ALAPPUZHA, PIN -
688011
5 THE CHIEF WELFARE FUND INSPECTOR,
KERALA ABKARI WORKERS WELFARE FUND BOARD,CHALAI BAZAR,
CHALAI, THIRUVANANTHAPURAM, PIN - 695036
6 THE WELFARE FUND INSPECTOR,
KERALA ABKARI WORKERS WELFARE FUND BOARD,CHALAI BAZAR,
CHALAI, THIRUVANANTHAPURAM, PIN - 695036
7 THE CHIEF WELFARE FUND INSPECTOR,
KERALA TODDY WORKERS WELFARE FUND BOARD,ULLOOR GARDEN,
PAROTTUKONAM, THIRUVANANTHAPURAM, PIN - 695044
8 THE WELFARE FUND INSPECTOR,
KERALA TODDY WORKERS WELFARE FUND BOARD,BUS STOP,
VALIYACHUDUKADU, MULLATHUVALAPPU- VALIYACHUDUKADU ROAD,
ALAPPUZHA, PIN - 688012
9 SUKUMAR,
S/O.K. MUTHUKRISHNA REDDIAR,MUTHULAKSHI VILASAM, IRON
BRIDGE P.O,ALAPPUZHA MURI, OPP. TOWN HALL,ALAPPUZHA
DISTRICT, PIN - 688011
SRI. RENIL ANTO KANDAMKULATHY, SC., SRI. S. KRISHNA
MOORTHY, SC. SRI. SREEJITH V.S., GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 28931 OF 2025 3
2025:KER:59534
JUDGMENT
The writ petition is filed with the following prayers:
"i) declare that the 1st petitioner firm is entitled to continue the conduct of FL-11 license renewed vide Ext.P8 for the remaining period and subsequent renewal as per the policy represented by Sri.S.Devanand, the Managing Partner of the 1st petitioner firm;
ii) call for the records leading to Ext.P12 and quash the same by issuing a writ of certiorari or other appropriate writ, order or direction;
iii.) issue a writ of mandamus or other appropriate writ, order or direction commanding the 2nd respondent to consider and pass orders on Ext.P14 ,sanction to reconstitute the partnership deed as per Ext.P13 reconstituted partnership deed after giving an opportunity of hearing to respondents 5 to 8;
iv.) grant such other and further relief as this Hon'ble court may deem fit and proper in the interest of justice; v.) dispense with the filing of the translation of vernacular documents produced along with this Writ Petition; "
2. The petitioners had preferred Exts.P4 and P14 applications before the 2nd respondent, intimating the reconstitution of the partnership firm and seeking their permission. The petitioners submit that no orders have been passed on Exts.P4 and P14 so far. WP(C) NO. 28931 OF 2025 4
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3. The learned Government Pleader, on instructions, submits that the petitioners were directed to produce certain documents, namely, the Clearance Certificate from the Abakri Welfare Fund Board.
4. Taking note of the fact that the said applications are pending consideration before the 2nd respondent, there will be a direction to the 2nd respondent to hear the petitioner, the 9th respondent and any other affected persons, if any and pass orders in accordance with law, within one month from the date of receipt of a copy of this judgment. Till orders are passed as directed above, in view of Ext.P7 interim order passed by this Court earlier and also the Ext.P8 renewal of F-11 license in the year 2025-26, which is valid up to 31.03.2026,the managing partner of the firm will be permitted to carry out the business strictly in terms of the licence granted and will be responsible as the licencee, during the above period.
The writ petition is disposed of as above.
Sd/-MOHAMMED NIAS C.P. JUDGE lsn WP(C) NO. 28931 OF 2025 5 2025:KER:59534 APPENDIX OF WP(C) 28931/2025 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE RECONSTITUTED PARTNERSHIP DEED DATED 01.04.2003 Exhibit P2 TRUE PHOTOCOPY OF THE DRAFT PARTNERSHIP DEED PROPOSED TO BE RECONSTITUTED Exhibit P3 TRUE PHOTOCOPY OF THE FL-11 LICENSE RENEWAL CERTIFICATE DATED 31.03.2017 ISSUED BY THE 3RD RESPONDENT Exhibit P4 TRUE PHOTOCOPY OF THE APPLICATION DATED 03.09.2022 SUBMITTED BEFORE THE 2ND RESPONDENT.
Exhibit P5 TRUE PHOTOCOPY OF THE RENT DEED DATED 04.08.2022 Exhibit P6 TRUE PHOTOCOPY OF THE APPLICATION DATED
02.12.2022 Exhibit P7 TRUE PHOTOCOPY OF THE INTERIM ORDER DATED 05.01.2023 IN WP(C) NO.184/2023 Exhibit P8 TRUE PHOTOCOPY OF THE LATEST FL-11 LICENSE RENEWED FOR THE YEAR 2025-26 DATED 03.04.2025 Exhibit P9 TRUE PHOTOCOPY OF THE DEATH CERTIFICATE OF APPU THOMAS ISSUED BY MUHAMMA GRAMA PANCHAYATH. Exhibit P10 TRUE PHOTOCOPY OF THE APPLICATION DATED 27.06.2025 SUBMITTED BEFORE THE EXCISE COMMISSIONER Exhibit P11 TRUE PHOTOCOPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE LEGAL HEIRS OF APPU THOMAS. Exhibit P12 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT DATED 28.07.2025 Exhibit P13 TRUE PHOTOCOPY OF THE PROPOSED RECONSTITUTED PARTNERSHIP DEED IN THE LIGHT OF DEATH OF APPU THOMAS Exhibit P14 TRUE PHOTOCOPY OF THE APPLICATION DATED 02.08.2025 SUBMITTED DIRECTLY TO THE 4TH RESPONDENT FOR FORWARDING TO THE 2ND RESPONDENT Exhibit P15 TRUE PHOTOCOPY OF THE JUDGMENT OF THE LEARNED DIVISION BENCH DATED 08.01.2009 IN WA.NO.1049/2005 Exhibit P16 TRUE PHOTOCOPY OF THE JUDGMENT OF THE LEARNED SINGLE JUDGE DATED 01.04.2009 IN WP(C) NO.10573/2008 Exhibit P17 TRUE PHOTOCOPY OF THE SRO.NO.324/2023 DATED WP(C) NO. 28931 OF 2025 6 2025:KER:59534 04.03.2023