P.K.Construction Company vs State Of Kerala
2021 Latest Caselaw 13970 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE P.SOMARAJAN
        TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
                       WP(C) NO. 12252 OF 2021
PETITIONER:

           MUHAMMED SHAN P.K.,
           AGED 30 YEARS
           S/O.KABEER KHAN.P.B., RESIDING AT POTTAIKANDATHIL HOUSE,
           NEAR NGO QUARTERS, MUVATTUPUZHA, ERNAKULAM, PIN-686 661.

            BY ADV NIREESH MATHEW



RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY ITS SECRETARY, TAXES (A) DEPARTMENT,
            GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM-695 001.

    2       THE STATION HOUSE OFFICER,
            MANJESWAR POLICE STATION, POLICE STATION ROAD, NEAR
            MANJESHWAR, HOSABETTU, KASARGODE DISTRICT, PIN-671 323.

    3       THE DEPUTY COMMISSIONER OF THE EXCISE,
            OFFICE OF THE DEPUTY EXCISE COMMISSIONER, EXCISE
            DIVISION OFFICE, CIVIL STATION, F-BLOCK VIDYANAGAR,
            KASARAGOD-671 123.



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2021 ALONG WITH WP(C).NO.12265 OF 2021, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.12252/2021&
WP(C) NO.12265/2021
                                2

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR. JUSTICE P.SOMARAJAN
   TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
                     WP(C) NO. 12265 OF 2021
PETITIONER:

         P.K.CONSTRUCTION COMPANY
         XV/145, POTTAIKANDATHIL, NEAR NGO QUARTERS,
         MUVATTUPUZHA, ERNAKULAM, PIN-686 661, REPRESENTED
         BY ITS MANAGING PARTNER, SRI.KABEER KHAN.P.B.,
         AGED 57 YEARS, S/O.P.S.BAVA RAWTHER, RESIDING AT
         POTTAIKANDATHIL HOUSE, NEAR NGO QUARTERS,
         MUVATTUPUZHA, ERNAKULAM, PIN-686 661.

         BY ADV NIREESH MATHEW



RESPONDENTS:-

    1    STATE OF KERALA
         REPRESENTED BY ITS SECRETARY, TAXES(A)
         DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT
         SECRETARIAT, THIRUVANANTHAPURAM-695 001.

    2    THE STATION HOUSE OFFICER,
         MANJESWAR POLICE STATION, POLICE STATION ROAD,
         NEAR MANJESHWAR, HOSABETTU, KASARGODE DISTRICT,
         PIN-671 323.

    3    THE DEPUTY COMMISSIONER OF THE EXCISE,
         OFFICE OF THE DEPUTY EXCISE COMMISSIONER, EXCISE
         DIVISION OFFICE, CIVIL STATION, F BLOCK,
         VIDYANAGAR, KASARAGOD-671 123.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.07.2021 ALONG WITH WP(C) NO. 12252 OF 2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.12252/2021&
WP(C) NO.12265/2021
                                           3



                                    JUDGMENT

The petitioners came up with the following

reliefs:

"i. declare that the tar seized in Ext.P1 case is not liable to be seized under Section 34 of the Abkari Act, not liable to confiscation under Section 65 of the Abkari Act and not liable to be proceeded under Section 67B of the Abkari Act;

ii. issue a writ of mandamus or other appropriate writ, order or direction directing the respondents to release the Tar seized in Ext.P1 case forthwith; and

iii. grant such other relief as this honourable Court may deem fit to grant in the facts and circumstances of the case."

2. No application submitted before the

competent court in that behalf. Bypassing the

jurisdiction of the competent court, the

petitioners directly came up with the present WP(C) NO.12252/2021& WP(C) NO.12265/2021

petitions. Reserving the right of petitioners

to agitate the issue as per lex fori and lex

loci, the Writ Petitions are disposed of.

Sd/-

P.SOMARAJAN JUDGE SPV WP(C) NO.12252/2021& WP(C) NO.12265/2021

APPENDIX OF WP(C) 12252/2021

PETITIONER'S ANNEXURE

Exhibit P1 TRUE PHOTOSTAT COPY OF THE FIR IN CRIME NO.255/2021 OF MANJESWAR POLICE STATION, KASARAGOD DATED 08.06.2021.

Exhibit P2 TRUE PHOTOSTAT OF REGISTRATION CERTIFICATE OF THE PETITIONER'S VEHICLE, KL 46/K-0556.

Exhibit P3 A TRUE PHOTOSTAT COPY OF THE TAX INVOICE ISSUED BY THE MANGALORE REFINERY AND PETROCHEMICALS LIMITED, MANGALORE, DATED 07.06.2021.

Exhibit P4 A TRUE PHOTOSTAT COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN SAJIN.S. VS. DIST.SUPERINTENDENT OF POLICE AND OTHERS REPORTED IN 1999(1) KLJ 1009.

RESPONDENTS' ANNEXURE: NIL

//TRUE COPY//

PA TO JUDGE WP(C) NO.12252/2021& WP(C) NO.12265/2021

APPENDIX OF WP(C) 12265/2021

PETITIONER'S ANNEXURE

EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE FIR IN CRIME NO.254/2021 OF MANJESWAR POLICE STATION, KASARAGOD DATED 08.06.2021.

EXHIBIT P2 TRUE PHOTOSTAT OF REGISTRATION CERTIFICATE OF THE PETITIONER'S VEHICLE, KL 17/T-8755.

EXHIBIT P3 A TRUE PHOTOSTAT COPY OF THE TAX INVOICE ISSUED BY THE MANGALORE REFINERY AND PETROCHEMICALS LIMITED, MANGALORE, DATED 07.06.2021.

EXHIBIT P4 A TRUE PHOTOSTAT COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN SAJIN.S. VS. DIST.SUPERINTENDENT OF POLICE AND OTHERS REPORTED IN 1999(1) KLJ 1009.

RESPONDENTS' ANNEXURE: NIL

//TRUE COPY//

PA TO JUDGE