My Hindustan Paints vs S.Aananthakrishnan Ips
2021 Latest Caselaw 19483 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        Thursday, the 16th day of September 2021 / 25th Bhadra, 1943
          CONTEMPT CASE(C) NO. 982 OF 2021(S) IN WP(C) 12881/2017

PETITIONER/1ST PETITIONER

      MY HINDUSTAN PAINTS,KURUPPAN ROAD, THRISSUR-1,

      REPRESENTED BY ITS PROPRIETOR, LINS V BABU, AGED 43 YEARS,

      S/O. V.C.BABU, RESIDING AT KURUPPAM ROAD, THRISSUR -1.

      BY ADVS.SANTHOSH MATHEW,ARUN THOMAS,JENNIS STEPHEN,

              VIJAY V. PAUL,KARTHIKA MARIA, ANIL SEBASTIAN PULICKEL,

              JAISY ELZA JOE,SANITA SABU VARGHESE

RESPONDENTS/RESPONDENTS NOS 2,3,5 AND 6

1.    SHRI.S. AANANTHAKRISHNAN IPS, EXCISE COMMISSIONER,

      EXCISE COMMISSIONERATE, VIKAS BHAVAN P.O., NANDAVANAM,

      THIRUVANANTHAPURAM-695 033.

2.    SHRI.K. SHAJI(SUBSTITUTED)*, DEPUTY COMMISSIONER OF EXCISE,

      OFFICE OF THE DEPUTY EXCISE COMMISSIONER, STATE EXCISE ACADEMY AND

      RESEARCH CENTRE, ARANATTUKARA, VANCHIKULAM, POOTHOLE, THRISSUR-680 004.

      *MR.PREMKRISHNA K, AGED 53, DEPUTY COMMISSIONER OF EXCISE,

      OFFICE OF THE DEPUTY EXCISE COMMISSIONER, STATE EXCISE ACADEMY AND

      RESEARCH CENTRE, ARANATTUKARA, VANCHIKULAM, POOTHOLE, THRISSUR-680 004.

3.    SHRI.SPARJANKUMAR IPS(SUBSTITUTED)*, MANAGING DIRECTOR,

      KERALA STATE BEVERAGES (M&M) CORPORATION LTD.,

      DISTRICT WAREHOUSE, THIRUVANANTHAPURAM-695 033.

      *SHRI.YOGESH GUPTA IPS, CHAIRMAN AND MANAGING DIRECTOR,

      KERALA STATE BEVERAGES (M&M) CORPORATION LTD.,

      VIKAS BHAVAN, THIRUVANANTHAPURAM-695 033.

                                                            P.T.O.
 4.   SHRI.ANSHAD S.(SUBSTITUTED)*, SUB INSPECTOR OF POLICE,

     THRISSUR TOWN POLICE STATION, THRISSUR, PIN-680020.

     *MR.PRAMOD B, AGED 34 YEARS, S/O BHASKARAN, SUB INSPECTOR OF POLICE,

     THRISSUR TOWN EAST POLICE STATION, THRISSUR, PIN-680 020.

     RESPONDENTS 2,3 & 4 ARE SUBSTITUTED VIDE ORDER DATED 10/08/2021 IN

     IA 2/2021 IN COC 982/2021.



     SRI.S.KANNAN, SENIOR GOVERNMENT PLEADER FOR R1, R2 & R4

     SRI.NAVEEN.T,STANDING COUNSEL FOR R3

     This Contempt of court case (civil) having come up for orders on
16.09.2021, the court on the same day passed the following:

                                                           P.T.O.
                DEVAN RAMACHANDRAN, J.
           =========================
              Contempt Case (C) No.982 of 2021
          ==========================
          Dated this the 16th day of September, 2021

                              ORDER

I do not propose to pass orders today because the

various reports on record indicate that the Commissioner of

Excise is in the process of over viewing the functioning of the

various shops in the State.

2. However, I record the submissions of Sri.S.Kannan -

learned Senior Government Pleader, that instructions have

been given by the Commissioner to the BEVCO to re-locate 32

shops, while 57 others have been asked to be upgraded and

be given additional facilities. He then added that there are

seven shops operated by the Consumer Federation and that

one of them has already been shifted; while they have asked

for retention of another. He added that with respect to the

balance five, steps have been taken by them to shift them

appropriately.

3. Sri.Renjith Thampan, learned senior counsel,

instructed by Sri.T.Naveen, appearing for the BEVCO, also

affirms the above. He then submitted that this Court must

also direct the Government to increase the number of outlets

so as to cater the large amount of demand.

Contempt Case (C) No.982 of 2021

4. Of course, I cannot accede to the afore request of

Sri.Ranjith Thampan, since I am only concerned about the

manner in which the existing shops are being operated and

run; and it is not within the jurisdiction of this Court to

direct the competent Authority either to reduce or increase

the outlets. This is certainly a policy matter, into which this

Court cannot intervene in any manner.

5. I, therefore, adjourn this matter to be called on

18.10.2021; within which time, the Commissioner of Excise

will inform this Court the steps taken to ensure that the

functioning of the shops are brought to the standards as

directed by this Court in the judgment.

I, however, notify the Commissioner of Excise that the

full responsibility to ensure the compliance of the directions

in the judgment are on him, since he is the competent

statutory Authority.

H/o.

DEVAN RAMACHANDRAN, JUDGE stu

16-09-2021 /True Copy/ Assistant Registrar