Jojo Joseph vs Excise Commissioner
2021 Latest Caselaw 14111 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
            THE HONOURABLE MR. JUSTICE SUNIL THOMAS
     WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
                      WP(C) NO. 7610 OF 2021
PETITIONER/S:


    1     JOJO JOSEPH, AGED 49 YEARS, S/O.A.C.JOSEPH (LATE),
          AMAKKAT HOUSE, MULLANKOLLI P.O., PULPALLI,
          WAYANAD DISTRICT, PIN-673579.

    2     MARY JOSEPH, AGED 68 YEARS
          W/O.A.C.JOSEPH (LATE), (AADHAAR NO.394137473042),
          AMAKKAT HOUSE, MULLANKOLLI P.O., PULPALLI,
          WAYANAD DISTRICT, PIN-673579.

    3     JEEJA JOSEPH, AGED 46 YEARS
          D/O.A.C.JOSEPH (LATE), (AADHAR NO.366586977442), NOW
          RESIDING AT PADMALAYAM HOUSE, DHARMADOM P.O.,
          PIN-670106, DHARMODOM, KANNUR DISTRICT.

    4     JULIEE JOSEPH, AGED 43 YEARS
          D/O.A.C.JOSEPH (LATE), (AADHAAR NO.312942209249), NOW
          RESIDING AT VETTIMATTATH KUZHINJALIL HOUSE, ALAKKODU
          P.O., PIN-685588, THODUPUZHA TALUK, IDUKKI DISTRICT.

    5     M/S.HOTEL MERIYA, REPRESENTED BY PARTNER JOJO JOSEPH,
          AGED 49 YEARS, PULPALLI, WAYANAD DISTRICT-673579.

          BY ADVS.
          A.SUDHI VASUDEVAN (SR.)
          SMT.SHILPA SATHISH
          SRI.JOSE JONES JOSEPH
          SRI.INDRAJITH S KAIMAL


RESPONDENT/S:

    1     EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, VIKAS
          BHAVAN P.O., NANDAVANAM, THIRUVANANTHAPURAM-695033.

    2     *CORRECTION

          DEPUTY COMMISSIONER OF EXCISE,
          EXCISE DIVISION OFFICE, EXCISE COMPLEX, 1ST FLOOR, A
          BLOCK, CHINNAKKADA, KOLLAM - 691002
 WP(C) NO. 7610 OF 2021
                                       2

           *CORRECTION:

           THE NAME OF THE 2ND RESPONDENT OCCURING IN THE
           CAUSETITLE IS SUO MOTU CORRECTED AS:

           "THE DEPUTY COMMISSIONER OF EXCISE,
           EXCISE DIVISION OFFICE, WAYANAD".

           AS PER ORDER DATED 28-06-2021 IN
           WP(C)NO.7610/2021..




   3       CIRCLE INSPECTOR OF EXCISE, EXCISE CIRCLE OFFICE,
           MEENANGADI P.O., SULTHAN BATHERI,
           WAYANAD-673591.




           SR.GP BIMAL K NATH




    THIS    WRIT    PETITION     (CIVIL)   HAVING   COME   UP    FOR
ADMISSION    ON    07.07.2021,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 7610 OF 2021
                                   3



                           JUDGMENT

When the matter was taken up, the learned senior

counsel submitted that licence has been renewed as per

order dated 05.07.2021. This is recorded. To that extent,

the main grievance of the petitioner stands redressed.

However, the learned senior counsel pointed out that the

renewal has been ordered subject to opinion regarding

Ext.P13 and Ext.P14 and it is stated that excise officers are

awaiting the legal advice of the Government.

2. Having considered this, the Writ Petition is closed,

reserving the right of the petitioners to challenge any

adverse order that may be passed pursuant to the opinion of

the Government.

Writ Petition is closed.

Sd/-

SUNIL THOMAS, JUDGE R.AV WP(C) NO. 7610 OF 2021

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE RELEVANT PAGES OF FL3 LICENSE ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 1989-90 WHICH STOOD RENEWED UPTO 31.03.2014.

EXHIBIT P2 A TRUE COPY OF THE DEED OF PARTNERSHIP DATED 16.02.2001.

EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 01.01.2015 ISSUED BY THE 2ND RESPONDENT TO SRI.A.C.JOSEPH.

EXHIBIT P4 A TRUE COPY OF FL 11 LICENSE ISSUED W.E.F 01.01.2015 WITH THE ENDORSEMENT DATED 04.03.2020 OF THE 2ND RESPONDENT REFLECTING THE TEMPORARY TRANSFER OF THE FL11 LICENSE TO THE 1ST PETITIONER.

EXHIBIT P5 A TRUE COPY OF THE FL11 LICENSE RENEWAL CERTIFICATE DATED 30.03.2019 ISSUED BY THE 2ND RESPONDENT TO MR.A.C.JOSEPH.

EXHIBIT P6 A TRUE COPY OF THE APPLICATION DATED 03.01.2020 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT THROUGH THE 3RD RESPONDENT.

EXHIBIT P7 A TRUE COPY OF LEGAL HEIRSHIP CERTIFICATE DATED 22.05.2020 ISSUED BY TAHSILDAR SULTHAN BATHERY.

EXHIBIT P8 A TRUE COPY OF LEASE DEED DATED 04.09.2020 EXECUTED BY SRI.AJAYAKUMAR IN FAVOUR OF THE 1ST PETITIONER.

EXHIBIT P9 A TRUE COPY OF LEASE DEED DATED 04.09.2020 EXECUTED BY SMT.USHA IN FAVOUR OF THE 1ST PETITIONER. WP(C) NO. 7610 OF 2021

EXHIBIT P10 A TRUE COPY OF THE LETTER DATED 11.09.2020 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT THROUGH THE RESPONDENTS 2 AND 3.

EXHIBIT P11 A TRUE COPY OF THE LETTER DATED 24.09.2020 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT RECOMMENDING TRANSFER OF FL11 LICENSE TO THE 1ST PETITIONER.

EXHIBIT P12 A TRUE COPY OF THE PROPOSED DEED DATED NIL IN RESPECT OF RECONSTITUTED PARTNERSHIP PREPARED ON 14.11.2020 EVIDENCING THE TERMS AND CONDITIONS OF THE RECONSTITUTED PARTNERSHIP, SUBMITTED THROUGH THE 3RD RESPONDENT TO THE 1ST RESPONDENT ON 23.11.2020.

EXHIBIT P13 A TRUE COPY OF THE APPLICATION DATED 23.11.2020 SUBMITTED BY THE PETITIONERS 1 AND 2 THROUGH THE RESPONDENTS 2 AND 3 BEFORE THE 1ST RESPONDENT REQUESTING FOR SANCTION UNDER RULE 19 OF THE FOREIGN LIQUOR RULES.

EXHIBIT P14 A TRUE COPY OF THE APPLICATION DATED 16.11.2020 SUBMITTED UNDER S.67 OF ABKARI ACT BY PETITIONERS 1 AND 2 BEFORE THE 1ST RESPONDENT THROUGH RESPONDENTS 2 AND 3 ON 23.11.2020 BEARING THE ACKNOWLEDGMENT BY THE 3RD RESPONDENT.

EXHIBIT P15 A TRUE COPY OF THE LETTER BEARING NO.S.B.C 3/2020 DATED 25.11.2020 SENT BY THE 3RD RESPONDENT TO 2ND RESPONDENT.

RESPONDENT'S/S EXHIBITS: NIL