Hotel Theertha International vs State Of Kerala
2022 Latest Caselaw 3961 Ker

WP(C) No.12462/2022                         1/2

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                        THE HONOURABLE MR. JUSTICE T.R.RAVI
             Tuesday, the 5th day of April 2022 / 15th Chaithra, 1944
                            WP(C) NO. 12462 OF 2022(G)
   PETITIONER:

          HOTEL THEERTHA INTERNATIONAL PAYYOLI, KOZHIKODE , REPRESENTED BY ITS
          PROPRIETOR VINODAN KUNNUMPURATH, RESIDING AT KUNNUMPURATH HOUSE,
          PAYYOLI, KOZHIKODE-673 522

   RESPONDENTS:

      1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, TAXES DEPARTMENT,
         GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695 001
      2. COMMISSIONER OF EXCISE, OFFICE OF THE EXCISE COMMISSIONER, BAKERY
         JUNCTION ROAD, UNIVERSITY OF KERALA, SENATE HOUSE CAMPUS, PALAYAM,
         THIRUVANANTHAPURAM-695 033
      3. DEPUTY COMMISSIONER OF EXCISE, KOZHIKODE, EXCISE DIVISION OFFICE,
         CIVIL STATION, KOZHIKODE-673 020
      4. DISTRICT COLLECTOR, KOZHIKODE, COLLECTORATE, CIVIL STATION P.O.,
         KOZHIKODE-673 020
      5. DISTRICT POLICE CHIEF, KOZHIKODE RURAL, OFFICE OF THE DISTRICT
         POLICE CHIEF, VADAKARA, KOZHIKODE-673 101

        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to stay the operation of Exhibit P2 order to the extent the same
   affects the functioning of Hotel Theertha International, Payyoli on
    05-04-2022 in connection with Kaliyatta Mahotsavam at Sree Pisharikavu
   Temple, Koyilandy during the pendency of the writ petition, for the
   fairplay of justice.
        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/s.THOMAS ABRAHAM, MERCIAMMA MATHEW, ASWIN.P.JOHN, R.ANANTHAPADMANABAN,
   THAYYIB SHA P.S., PAUL BABY Advocates for the petitioner and of GOVERNMENT
   PLEADER for respondents, the court passed the following:
                                      ORDER

Admit. Learned Government Pleader takes notice for the respondents.

There will be an interim stay of Exhibit P2. 4th respondent shall file an affidavit as to why the order in question was passed without complying with the directions of this court in Exhibit P3 judgment and also Exhibit P4 circular issued by the government.

                                                  Sd/- T.R.RAVI JUDGE




05-04-2022                    /True Copy/                          Assistant Registrar
 WP(C) No.12462/2022                 2/2

                       APPENDIX OF WP(C) 12462/2022
Exhibit P2            THE TRUE COPY OF THE PROHIBITION ORDER DATED 3.4.2022
                      ISSUED BY THE 4TH RESPONDENT
Exhibit P3            THE TRUE COPY OF THE JUDGMENT DATED 16.2.2005 IN WPC
                      NO.5187/2005
Exhibit P4            THE TRUE COPY OF THE CIRCULAR DATED 29.4.2009 ISSUED BY
                      THE CHIEF SECRETARY