Kerala High Court
Hotel Park Residency vs State Of Kerala on 12 April, 2024
Author: N. Nagaresh
Bench: N.Nagaresh
WP(C) No.15828/2024 1/3 Order Date : 12-04-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Friday, the 12th day of April 2024 / 23rd Chaithra, 1946
WP(C) NO. 15828 OF 2024
PETITIONERS:
1. HOTEL PARK RESIDENCY, KOORKENCHERY, THRISSUR 680007 REPRESENTED BY
ITS MANAGING PARTNER SUNOJ KURIAN, S/O V J KURIAN, AGED 43 YEARS,
RESIDING AT PALAKUNNEL HOUSE, ATHIRAMPUZHA P.O., KOTTAYAM, PIN -
686562
2. SMART RESIDENCY,BMJ HOTELS LLP, MARATHAKKARA P.O., OLLUR, THRISSUR
680306 REPRESENTED BY ITS DESIGNATED PARTNER ANSON GEORGE, AGED 42
YEARS, S/O GEORGE, NANGELIMALIL HOUSE, PULLUVAZHI P.O.,
RAYAMANGALAM, ERNAKULAM, PIN - 683541
3. HOTEL SALKARA RESIDENCY, AVINISSERY., OLLUR, THRISSUR 680306
REPRESENTED BY ITS MANAGING PARTNER SHAJI K SATHYAN, AGED 49 YEARS,
S/O SATHYAN, KARIYEZATH HOUSE, PERINJANAM, THRISSUR , PIN - 680686
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, TAXES DEPARTMENT,
GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM , PIN - 695001
2. COMMISSIONER OF EXCISE, OFFICE OF THE EXCISE COMMISSIONER, BAKERY
JUNCTION ROAD, UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PALAYAM,
THIRUVANANTHAPURAM 695033, PIN - 695033
3. DEPUTY COMMISSIONER OF EXCISE, OFFICE OF THE DEPUTY COMMISSIONER OF
EXCISE, CIVIL STATION, AYYANTHOLE, THRISSUR , PIN - 680003
4. DISTRICT COLLECTOR, THRISSUR, CIVIL STATION, AYYANTHOLE, THRISSUR ,
PIN - 680003
5. DISTRICT POLICE CHIEF (THRISSUR CITY), OFFICE OF THE DISTRICT POLICE
CHIEF, RAMAVARMAPURAM ROAD, PALLIMOOLA, MANNUMKAD, THRISSUR 680631,
PIN - 680631
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 p1 order to the extent the same
affects the functioning of the petitioners viz. (i) hotel park residency,
Koorkenchery, (ii) smart residency, Marathakkara and (iii) hotel Salkara
Residency, avinissery from 2 a.m. on 19/4/2024 till 2 p.m. on 20/4/2024 in
connection with thrissur pooram festival, during the pendency of the writ
petition, for the fairplay of justice.
This petition coming on for orders 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,
PAUL BABY, SWATHY A.P. & THARA ELIZABETH THOMAS, Advocates for the
petitioners, the court passed the following:
WP(C) No.15828/2024 2/3 Order Date : 12-04-2024
N. NAGARESH, J.
----------------------------
W.P.(C) No.15828 of 2024
--------------------------------------------------
Dated this the 12th day of April, 2024
ORDER
Government Pleader to get instructions.
In view of the urgency expressed by the counsel for the
petitioner, post on 16.04.2024 in the Vacation Court.
Sd/-
N. NAGARESH
JUDGE
SR
WP(C) No.15828/2024 3/3 Order Date : 12-04-2024
APPENDIX OF WP(C) 15828/2024
EXHIBIT P1 THE TRUE COPY OF THE ORDER NO.DCTSR/4141/2022-H4 DATED
09/04/2024 ISSUED BY THE 4TH RESPONDENT SERVED ON THE
PETITIONERS ON 11/04/2024
EXHIBIT P2 THE TRUE COPY OF THE INTERIM ORDER DATED 10/5/2022 IN
W.P.(C) NO.15645 OF 2022
EXHIBIT P3 THE TRUE COPY OF THE SAID JUDGMENT DATED 16/2/2005 IN
W.P.(C) 5187/2005
EXHIBIT P4 THE TRUE COPY OF THE JUDGMENT DATED 5/3/2009 IN
W.P.(C)NO.5748 OF 2009
EXHIBIT P5 THE TRUE COPY OF THE CIRCULAR NO.7497/A2/09/TD DATED
29.4.2009 ISSUED BY THE CHIEF SECRETARY TO GOVERNMENT
OF KERALA ALONG WITH A TYPED LEGIBLE COPY
EXHIBIT P6 THE TRUE COPY OF THE JUDGMENT DATED 12/02/2018 OF THIS
HON'BLE COURT IN W.A. NO. 391 OF 2018
EXHIBIT P7 THE TRUE COPY OF THE JUDGMENT DATED 30/03/2023 IN
W.A.NO.698 OF 2023
EXHIBIT P8 THE TRUE COPY OF THE REPRESENTATION DATED 11/4/2024
SUBMITTED BY THE PETITIONERS
