Manju Rajeev vs The Excise Commissioner
2021 Latest Caselaw 8931 Ker

       IN THE HIGH COURT OF KERALA AT ERNAKULAM

                        PRESENT

       THE HONOURABLE MR. JUSTICE SUNIL THOMAS

WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA,
                         1942

                WP(C).No.5713 OF 2021(L)


PETITIONER/S:

          MANJU RAJEEV,
          AGED 45 YEARS
          W/O. V.K. RAJEEV, KUMARAKOM HERITAGE,
          ACHINAKOM, VAIKKOM, KOTTAYAM 686 144.

          BY ADVS.
          SRI.P.B.SAHASRANAMAN
          SRI.T.S.HARIKUMAR

RESPONDENT/S:

          THE EXCISE COMMISSIONER,
          EXCISE COMMISSIONERATE, VIKAS BHAVAN, P.O.
          NANDAVANAM, THIRUVANANTHAPURAM 695 033.




          SR.GP K.P HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.03.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C).No.5713 OF 2021(L)
                                   2



                               JUDGMENT

The petitioner herein is the holder of an FL-3

license for conducting a bar, granted by order dated

16.08.2018. She was also allowed to serve liquor in

the restaurant, banquet hall, lawn and pool side, by

paying an additional amount, evidenced by Ext.P2. It

was renewed last year also. Now, the petitioner

proposes to confine the facility of serving liquor to the

bar alone. Ext.P4 application is submitted accordingly.

The anxiety of the petitioner is that the license will

expire on 31.03.2021 and the renewal application is to

be considered before that. The renewal application is

stated to have been filed yesterday. The limited relief

sought in the present petition is for a direction to the

authority for an expeditious disposal of Ext.P4

application.

2. Learned senior Government Pleader on

instructions submitted that the concerned officer has

inspected the site and certain defects were noted. WP(C).No.5713 OF 2021(L)

3. The petitioner is directed to rectify the

defects forthwith. Having considered the entire facts, I

am inclined to direct the respondent herein to take up

Ext.P4 as expeditiously as possible, at any rate within

ten days from the date of receipt of a copy of this

judgment and pass appropriate orders after giving

reasonable opportunity to the petitioner herein to

submit her case. Orders shall be passed at the

earliest, so as to consider the application for renewal of

permit, if any filed, before 31.03.2021, and if it found

to be in order.

Writ Petition is disposed of.

Sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C).No.5713 OF 2021(L)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE FL-3 HOTEL (RESTURANT) LICENSE GRANTED ON 17.05.2018 ISEUD BY THE 1ST RESPONDENT.

EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE ORDER NO. EXC/3499/2018/XC7, DATED 16.08.2018 ISSEUD BY THE DEPUTY EXCISE COMMISSIONER.

EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE FL-3 LICENSE RENEWAL CERTIFICATE ISSUED BY THE DEPUTY EXCISE COMMISSIONER, EXCISE DEPARTMENT, DATED 31.05.2020.

EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE REPRESENTATION MADE BY THE PETITIONER, DATED 30.01.2021 TO THE RESPONDENT.

     RESPONDENT'S/S EXHIBITS          NIL