Sree Chakra Distillery (P) Ltd vs State Of Kerala
2021 Latest Caselaw 15353 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
         THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
    THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
                     WP(C) NO. 19847 OF 2012
PETITIONER/S:

          SREE CHAKRA DISTILLERY (P) LTD.
          AREA OFFICE,PERINGATHARA,KAKKAT TEMPLE ROAD,
          S.N.NAGAR,IRINJALAKUDA,THRISSUR DISTRICT
          REP.BY ITS EXECUTIVE DIRECTOR SRI.P.K.PRADEEP KUMAR

          BY ADVS.
          SRI.BABU VARGHESE (SR.)
          SRI.E.HARIDAS
          SRI.SEBASTIAN JOSEPH KURISUMMOOTTIL



RESPONDENT/S:

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

    2     THE COMMISSIONER OF EXCISE
          EXCISE COMMISSIONER,
          THIRUVANANTHAPURAM,PIN-695 001.

    3     THE ASSISTANT EXCISE COMMISSIONER
          THRISSUR-685 120.




OTHER PRESENT:

          SRI. RENIL ANTO KANDAMKULATHY, SR. GP


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19847 OF 2012              ..2..



                             JUDGMENT

The petitioner had applied for compounding and blending licence

vide Ext.P1. The same was rejected by Ext.P7. Challenging Ext.P7, the

petitioner preferred appeal before the first respondent and the first

respondent, vide Ext.P9, rejected the same. A Review Petition was filed

vide Ext.P10 to reconsider Ext.P9. The prayer in the writ petition is to

direct the first respondent to pass orders on Ext.P10 Review Petition in

the light of Ext.P17 judgment of a Division Bench of this Court in

W.A.No.716/2008.

Counter affidavits have been filed on behalf of first respondent and

second respondent wherein it is stated that Ext.P17 judgment has been

set aside by the Apex Court in Civil Appeal No.1642 of 2013. In the

circumstances, the relief sought for in the writ petition cannot be

granted. Accordingly, the writ petition is dismissed.

Sd/-

                                 MURALI PURUSHOTHAMAN
                                         JUDGE
 WP(C) NO. 19847 OF 2012         ..3..




                            APPENDIX
  PETITIONERS EXHIBITS
  EXT.P1    THE TRUE COPY OF THE APPLICATION DATED 24.10.1998

SUBMITTED AS PER SECTION 3 OF THE KERALA FOREIGN LIQUOR (COMPOUNDING, BLENDING AND BOTTLING) RULES, 1975)

EXT.P2 THE TRUE COPY OF THE PROFORMA WHICH IS ALSO A MANDATORY SPECIFIED FORM TO BE FILLED ALONG WITH THE APPLICATION

EXT.P3 TRUE COPY OF G.O (RT) NO.689/99/TD DATED 29.9.1999

EXT.P3(A) TRUE COPY OF COMMUNICATION DATED 21.12.04

EXT.P4 THE PHOTOCOPY OF THE JUDGMENT DATED 10.03.2006 IN W.P.(C) NO.3946/2005

EXT.P5 TRUE COPY OF THE JUDGMENT DATED 6.10.05 IN O.P.NO.6496/2000 REFEREDD TO AS EXHIBIT P9 IN EXT. P4 JUDGMENT

EXT.P6 A TRUE COPY OF THE JUDGMENT DATED 13.1.2006 IN O.P(C)NO.9735/2000 REFERRED TO AS EXT.P10 IN EXT.P4 JUDGMENT

EXT.P7 TRUE COPY OF THE ORER NO.XC3-4499/05 DATED 22.5.06 OF THE EXCISE COMMISSIONER

EXT.P8 TRUE COPY OF THE APPEAL MEMORANDUM FILED BY THE PETITIONER ON 21.6.06

EXT.P9 TRUE COPY OF THE G.O(RT) NO.682/06/TD DATED 10.11.06

EXT.P10 TRUE COPY OF THE PETITION DATED 10.06.07 PREFERRED BY THE PETITIONER

EXT.P11 TRUE COPY OF THE ORDER G.O(RT) NO.547/1998/TD DATED 20.09.1998

EXT.P12 TRUE COPY OF THE G.O(RT) NO.479/1998/TD DATED 18.8.1998 WP(C) NO. 19847 OF 2012 ..4..

EXT.P13 TRUE COPY OF G.O(RT) NO.448/1998/TD DATED 6.8.1998

EXT.P14 TRUE COPY OF THE G.O(RT) NO.291/1998/TD DATED 20.05.1998

EXT.P15 TRUE COPY OF THE REMINDER FORWARDED ON 09.09.2009 TO THE FIRST RESPONDENT

EXT.P16 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE HO'BLE CHIEF MINISTER AND HON'BLE EXCISE MINISTER ON 14.05.2010

EXT.P17 TRUE COPY OF THE JUDGMENT DATED 22.1.2009 IN W.A.NO.716/2008.

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