Kerala High Court
Prof.G.S.Chandra Bhanu Nair vs State Of Kerala on 24 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 20116 OF 2022
PETITIONERS:
1 PROF.G.S.CHANDRA BHANU NAIR
AGED 81 YEARS
S/O GOPALA PILLAI, RESIDING AT CHANDRAMANGALAM,
PERUMANOOR (PO), KOTTARAKKARA, KOLLAM DISTRICT.
2 E.PRASANNAKUMARY,
AGED 62 YEARS
W/O PROF. G.S. CHANDRA BHANU NAIR, RESIDING AT
CHANDRAMANGALAM, PERUMANOOR (PO), KOTTARAKKARA,
KOLLAM DISTRICT.
BY ADVS.
M.V.THAMBAN
R.REJI
ARUN BOSE
THARA THAMBAN
SUNEESH KUMAR R.
B.BIPIN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF TAXES, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
2 KERALA STATE BEVERAGES (M & M) CORPORATION LTD
VIKAS BHAVAN (PO), THIRUVANANTHAPURAM PIN- 695 033,
REPRESENTED BY ITS MANAGING DIRECTOR.
3 THE MANAGING DIRECTOR,
KERALA STATE BEVERAGES (M & M) CORPORATION LTD,
VIKAS BHAVAN (PO), THIRUVANANTHAPURAM PIN- 695 033.
2
W.P.(C)No. 20116 of 2022.
THE REGIONAL MANAGER,
KERALA STATE BEVERAGES (M & M) CORPORATION
4
LTD, REGIONAL OFFICE, THIRUVALLA, PIN-695033.
5 THE MANAGER
KERALA STATE BEVERAGES CORPORATION LIMITED,
KOTTARAKKARA, PIN-691506.
6 THE COMMISSIONER OF EXCISE.
OFFICE OF THE COMMISSIONER OF EXCISE,
THIRUVANANTHAPURAM, PIN-695033.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
3
W.P.(C)No. 20116 of 2022.
JUDGMENT
Dated this the 24th day of June, 2022.
Interestingly, the landlords of a building have
approached this Court through this writ petition, alleging
that the Commissioner of Excise has acted incorrectly in
having ordered the Kerala State Beverage Corporation
(KSBC) to shift their retail outlet from the building in
question.
2. The petitioners contend that the Commissioner
of Excise has gone wrong in ordering closure of the outlet
in question, since it has all the facilities as are statutorily
required and that they have spent more than 22 lakhs to
W.P.(C)No. 20116 of 2022.
ensure it.
3. Even when I hear Sri.R.Reji - learned counsel
for the petitioners as above, it is indubitable that this
Court cannot enter into the merits of the decision of the
Commissioner of Excise because he has acted validly on
the basis of the statutory criteria as are applicable.
There is no allegation against the Commissioner of
Excise to the effect that he has acted malafide and
obviously, therefore, the jurisdiction of this Court is
extremely inhibited.
Resultantly, leaving liberty to the petitioners to
invoke any other remedy that may be available to them,
including for approaching the Commissioner of Excise
appositely, if they so interested, I close this Writ Petition
W.P.(C)No. 20116 of 2022.
without any further orders.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Raj/24.06.2022.
W.P.(C)No. 20116 of 2022.
APPENDIX OF WP(C) 20116/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE AGREEMENT DATED
04.07.2020 EXECUTED BETWEEN PETITIONER
AND 2ND RESPONDENT.
Exhibit P2 TRUE COPY OF THE LETTER DATED
08.06.2018 OF THE 1ST PETITIONER
ADDRESSED TO THE 6TH RESPONDENT IN
ANSWER TO THEIR DEMANDS.
Exhibit P3 TRUE COPY OF THE PHOTOGRAPH OF THE
PROPERTY OF THE PETITIONERS.
Exhibit P3 a TRUE COPY OF THE PHOTOGRAPH OF THE
PROPERTY OF THE PETITIONERS.
Exhibit P3 b TRUE COPY OF THE PHOTOGRAPH OF THE
PROPERTY OF THE PETITIONERS.
Exhibit P4 TRUE COPY OF THE LETTER NO. KTR 2022-
23/150 OF THE 5TH RESPONDENT DATED
25.05.2022.
Exhibit P5 TRUE COPY OF THE COUNTER AFFIDAVIT
FILED BY RESPONDENTS 2 TO 5 IN WP (C)
NO.17397/2022 OF THIS HON'BLE COURT.
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED
W.P.(C)No. 20116 of 2022.
26.05.2022 FILED BEFORE THE HON'BLE
MINISTER FOR EXCISE.
TRUE COPY OF THE EXTRACT OF THE LIST
OF SHOPS TO BE SHIFTED ON THE BASIS OF
Exhibit P7
THE AUDIT CONDUCTED BY THE 6TH
RESPONDENT PRODUCED IN C.C(C) NO.
982/2021 OF THIS HON'BLE COURT IS
PRODUCED IN CONTEMPT OF COURT CASE
NO.982/2021.
