K K Vishalakshan vs The Commissioner Of Excise
2022 Latest Caselaw 2658 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
         FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
                              WP(C) NO. 7802 OF 2022
PETITIONER:

              K K VISHALAKSHAN
              AGED 57 YEARS
              S/O K K KUNJU, KAROLI HOUSE, NETHAJI ROAD, EDAVANAKKAD P O,
              ERNAKULAM DISTRICT, PIN-682502.

              BY ADVS.
              C.S.AJITH PRAKASH
              T.K.DEVARAJAN
              PAUL C THOMAS
              ANCY THANKACHAN
              NIDHIN RAJ VETTIKKADAN
              HAARIS MOOSA
              M.B.SOORI



RESPONDENTS:

     1        THE COMMISSIONER OF EXCISE
              COMMISSIONERATE OF EXCISE, NANDAVANAM, PALAYAM,
              THIRUVANANTHAPURAM-695033.

     2        ISETHE DEPUTY COMMISSIONER OF EXCISE
              ERNAKULAM, OFFICE OF THE DEPUTY COMMISSIONER OF EXCISE,
              KACHARIPPADI, ERNAKULAM-682018.

     3        THE KERALA STATE BEVERAGES (M & M) CORPORATION LTD.
              REPRESENTED BY ITS MANAGING DIRECTOR, BEVCO TOWER, VIKAS
              BHAVAN P O, THIRUVANANTHAPURAM-695033.

     4        N.G.SIVADAS
              RESIDING AT NIKATHIL, PERUMPILLY, NJARAKKAL, KOCHI-682505.

              SMT.RESMI K.M., GOVT. PLEADER


     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
11.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                      SATHISH NINAN, J.
            = = = = = = = = = = = = = = = = = =
                  W.P.(C) No.7802 of 2022
            = = = = = = = = = = = = = = = = = =
           Dated this the 11th day of March, 2022

                        J U D G M E N T

According to the petitioner, he has offered a

building belonging to him to the third respondent for

housing its outlet. There are objections from certain

quarters regarding the proposed establishment of a shop

in the said premises. This Court has in W.P.(C)

No.5575/2022 directed the second respondent to consider

such objections prior to the grant of licence in respect

of the premises in question. In the hearing so proposed,

the petitioner may also be afforded an opportunity of

hearing, is the request of the petitioner.

2. Without expressing anything on the rights of the

petitioner or on the merits of the claim, it is ordered

that, in the hearing proposed pursuant to the directions

of this Court in W.P.(C) No.5575/2022, the petitioner W.P.(C) No.7802 of 2022

shall also be afforded an opportunity of hearing, if the

hearing is not already concluded.

The writ petition is disposed of as above.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 7802/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 23.12.2021 ISSUED BY THE PALLIPPURAM GRAMA PANCHAYAT.

Exhibit P2 A TRUE COPY OF THE LOCATION SKETCH OF THE PROPERTY ISSUED BY THE VILLAGE OFFICE PALLIPPURAM.

Exhibit P3 A TRUE COPY OF THE LAND TAX RECEIPT DATED 15.02.2022 IN RESPECT OF THE PROPERTY.

Exhibit P4 A TRUE COPY OF THE JUDGMENT IN WPC NO.7897/2013 DATED 01.07.2013.

Exhibit P5 A TRUE COPY OF THE JUDGMENT IN WA NO.1638/2013 DATED 09.12.2013.

Exhibit P6 A TRUE COPY OF THE CONSENT LETTER EXECUTED BY THE PETITIONER AND HIS WIFE, SMT.VIJAYALEKSHMI IN FAVOUR OF KSBC DATED 29.01.22.

Exhibit P7 A TRUE COPY OF THE COMPLAINT SINGED BY SMT.SUJA, KONNAMPARAMBU, THE 4TH RESPONDENT HEREIN DATED 02.02.2022.

Exhibit P8 A TRUE COPY OF THE COMPLAINT FILED BY KERALA PRATHIKARANASAMITHI DATED 14.02.2022.

Exhibit P9 A TRUE COPY OF THE JUDGMENT IN WPC NO.5575/22 DATED 18.02.2022.

Exhibit P10 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 07.03.2022, BEFORE THE SECOND RESPONDENT.

Exhibit P11 A TRUE COPY OF THE RECEIPT DATED 07.03.2022 ISSUED FROM THE EXCISE DIVISION OFFICE, ERNAKULAM.

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