Kerala High Court
Tom Thomas vs State Of Kerala on 8 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
WP(C) NO. 17571 OF 2022
PETITIONER:
TOM THOMAS
AGED 50 YEARS, S/O THOMAS,
POOCHALIL HOUSE, KODUVELY P. O.,
THODUPUZHA, IDUKKI DISTRICT, PIN - 685 582.
BY ADVS.
P.T.SHEEJISH
SANDRA TOM
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY,
TAXES (A) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT, PIN-695 001.
2 THE CHIEF SECRETARY
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT, PIN - 695 001.
3 THE EXCISE COMMISSIONER
EXCISE COMMISSIONERATE, VIKAS BHAVAN P. O., NANDAVANAM,
THIRUVANANTHAPURAM DISTRICT, PIN - 695 033.
4 MANAGING DIRECTOR
KERALA STATE BEVERAGES CORPORATION LIMITED,
BEVCO TOWER, VIKAS BHAVAN P. O., PALAYAM,
THIRUVANANTHAPURAM DISTRICT, PIN - 695 033.
BY ADVS.
SHRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI. V.TEKCHAND, SR GP,
SRI. T.NAVEEN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.17571 of 2022
2
JUDGMENT
Dated this the 8th day of June, 2022
S.Manikumar, C.J.
Instant writ petition is filed for the following reliefs:
"(i) to issue a writ of mandamus or any other appropriate
writ, order or direction to the respondents 1 to 4 to
immediately consider the representations Exts.P3 to P6
of the petitioner, within a timeframe fixed by this Hon'ble
Court, in the interest of justice."
2. Short facts leading to the filing of the writ petition are as
under:
2.1. This writ petition is filed for the speedy indulgence of
this court as it has been come to the notice of the petitioner that
the 1st respondent has allocated FL-9 warehouses without
providing sufficient Excise Officer's supervision in violation of the
provisions of the Abkari Act which could lead to safety issues in
liquour warehouses.
2.2. Though the petitioner has submitted various
representations before the respondent authorities for immediate
action in the matter and to reconsider Exhibit P2 order, till date no
action has been taken by the respondents to resolve the grievance
of the petitioner.
W.P.(C)No.17571 of 2022
3. Exhibit P3 dated 24.04.2022 is a representation addressed
to the Principal Secretary, Taxes (A) Department, Government of
Kerala, Government Secretariat, Thiruvananthapuram (respondent
No.1).
4. Considering the limited prayer, Mr.V.Tekchand, learned
Senior Government Pleader is directed to take notice. He
submitted that Exhibit P3 would be considered by the above said
respondent within two weeks from the date of receipt of a copy of
this judgment.
5. Placing on record the above, the Principal Secretary, Taxes
(A) Department (respondent No.1) is directed to consider and
dispose of the representation dated 24.04.2022 in accordance
with law.
Writ petition is disposed of as above.
Pending interlocutory applications, if any, shall stand closed.
Sd/-
S.Manikumar
Chief Justice
Sd/-
Shaji P.Chaly
Judge
vpv
W.P.(C)No.17571 of 2022
APPENDIX OF WP(C) 17571/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE LETTER NO.
EXC/5360/2021-XC3 DATED 20.12.2021, FROM
THE 3RD RESPONDENT ALONG WITH TRANSLATION.
Exhibit P2 THE TRUE COPY OF THE GOVERNMENT ORDER G.O.
(MS)NO. 11/2022/TAXES DATED 03.02.2022.
Exhibit P3 THE TRUE COPY OF THE REPRESENTATION DATED
24.04.2022 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT.
Exhibit P4 THE TRUE COPY OF THE REPRESENTATION DATED
24.04.2022 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT.
Exhibit P5 THE TRUE COPY OF THE REPRESENTATION DATED
24.04.2022 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT.
Exhibit P6 THE TRUE COPY OF THE REPRESENTATION DATED
24.04.2022 SUBMITTED BY THE PETITIONER
BEFORE THE 4TH RESPONDENT.
Exhibit P7 THE TRUE COPY OF THE POSTAL RECEIPTS DATED
25.04.2022.
//true copy//
P.A. to Judge
