K.A. James vs State Of Kerala
2023 Latest Caselaw 10247 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA, 1945
                       WP(C) NO. 30988 OF 2023
PETITIONER:

          K.A. JAMES, AGED 58 YEARS, S/O.K.A.ANTONY,
          KARAIKATTU HOUSE, KARINILAM KARA, ERUMELY NORTH
          VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT.,
          PIN - 686513

          BY ADVS.
          M.G.KARTHIKEYAN
          NIREESH MATHEW


RESPONDENTS:

    1     STATE OF KERALA, REP. BY SECRETARY, TAXES (A)
          DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM.,
          PIN - 695001

    2     THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE,
          EXCISE HEADQUARTERS, NANDAVANAM, THIRUVANANTHAPURAM.,
          PIN - 695033

    3     THE JOINT EXCISE COMMISSIONER, NORTHERN ZONE,
          EXCISE HEAD QUARTERS, NANDAVANAM, THIRUVANANTHAPURAM.,
          PIN - 695033

    4     THE DEPUTY COMMISSIONER OF EXCISE, KOTTAYAM DIVISION,
          COLLECTORATE (P.O), KOTTAYAM., PIN - 686002

    5     THE CIRCLE INSPECTOR OF EXCISE, EXCISE CIRCLE OFFICE,
          MINI CIVIL STATION, PONKUNNAM, KOTTAYAM DISTRICT.,
          PIN - 686506

    6     THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, ERUMELI,
          ERUMELI P.O, KOTTAYAM DISTRICT., PIN - 686509


          SRI. SUNIL K.KURIAKOSE, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 30988/23
                                      2

                           JUDGMENT

The singular plea of the petitioner in this Writ Petition is

that respondents 2 and 4 be directed to consider Ext.P3 application

preferred by him, seeking to compound the offence in Ext.P1,

adverting to Ext.P4 recommendation, reiterated by Ext.P7.

2. In response to the afore submissions made by

Sri.M.G.Karthikeyan - learned counsel for the petitioner, Sri.Sunil

Kumar Kuriakose - learned Government Pleader, submitted that, if

the petitioner only requires Ext.P3 application to be considered by

the 4th respondent, adverting to Exts.P4 and P7 and disposed of in

terms of law, there does not appear to be any legal impediment in

doing so; but prayed that this Court may not make any affirmative

declarations on his entitlement to any relief and leave it to the

competent Authority to take a final decision as per law.

In the afore circumstances, I allow this Writ Petition and

direct the 4th respondent - Deputy Commissioner of Excise, to take

up Ext.P3 application of the petitioner and to dispose of the same,

adverting to Exts.P4 and P7 and after affording him an opportunity WPC 30988/23

of being heard; thus culminating in an appropriate order and

necessary action thereon, at the earliest but not later than

completion of allotment of shops.

Needless to say, upon a decision taken by the 4 th respondent,

the petitioner will be at full liberty to approach the 5 th respondent

for any further claim, including issuance of a Preference

Certificate, which shall then be considered by the said Authority,

strictly in terms of law.

I, however, clarify that I have not directed either the 4 th

respondent or the 5th respondent to act in any particular manner

and that it will be up to them to take apposite decisions within

the applicable Statutory scheme, guided by all relevant and

germane aspects.

Sd/-

RR                                         DEVAN RAMACHANDRAN
                                                  JUDGE
 WPC 30988/23


                APPENDIX OF WP(C) 30988/2023

PETITIONER EXHIBITS
Exhibit-P1          TRUE PHOTOCOPY OF THE CRIME AND

OCCURRENCE REPORT IN CR.NO.123/2023 REGISTERED BY THE 6TH RESPONDENT DATED 14.09.2023 Exhibit-P2 TRUE PHOTOCOPY OF THE LETTER DATED 15.09.2023 ISSUED BY THE 6TH RESPONDENT Exhibit-P3 TRUE PHOTOCOPY OF THE LETTER DATED 15.09.2023 SUBMITTED BEFORE THE 4TH RESPONDENT THROUGH THE 6TH RESPONDENT Exhibit-P4 TRUE PHOTOCOPY OF THE LETTER DATED 15.09.2023 SENT BY THE 6TH RESPONDENT TO THE 4TH RESPONDENT, RECOMMENDING THE APPLICATION OF THE PETITIONER.

Exhibit-P5 TRUE PHOTOCOPY OF THE CERTIFICATE OF PREFERENCE DATED 10.09.2023 ISSUED BY THE 5TH RESPONDENT Exhibit-P6 TRUE PHOTOCOPY OF THE JUDGMENT DATED 12.09.2023 IN WP(C) NO.29716/2023 PASSED BY THIS HON'BLE COURT Exhibit-P7 TRUE PHOTOCOPY OF THE REQUEST SENT BY EMAIL AND SUBMITTED DIRECTLY TO RESPONDENTS 2 TO 6 ON 19.09.2023.