Empee Distilleries Ltd vs State Of Kerala
2024 Latest Caselaw 5744 Ker

Kerala High Court

Empee Distilleries Ltd vs State Of Kerala on 20 February, 2024

Author: P Gopinath

Bench: P Gopinath

WP(C) No.6303/2015                      1/3                        Order Date : 20-02-2024

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR. JUSTICE GOPINATH P.
            Tuesday, the 20th day of February 2024 / 1st Phalguna, 1945
                               WP(C) NO. 6303 OF 2015
   PETITIONER:

          EMPEE DISTILLERIES LTD, AGED 58 YEARS, KANJIKODE, PALAKKAD,
          REPRESENTED BY ITS UNIT HEAD MR.SASI.S

   RESPONDENTS:

      1. STATE OF KERALA, TAXES DEPARTMENT, THIRUVANANTHAPURAM-695 001
      2. THE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM-695001
      3. THE EXCISE INSPECTOR EMPEE, DISTILLERIES LTD., KANJIKODE, PALAKKAD,
         678621


        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 all steps pursuant to P1, pending disposal of the Writ
   Petition.


        This petition again coming on for orders upon perusing the petition
   and the affidavit filed in support of WP(C) and this Court's order dated
   07.07.2021 and upon hearing the arguments of SRI. RAJU K.MATHEWS, Advocate
   for the petitioner and of GOVERNMENT PLEADER for the respondents, the
   court passed the following:
 WP(C) No.6303/2015                                2/3                            Order Date : 20-02-2024




                                         GOPINATH P., J.

                       ------------------------------------------------------------
                       W.P.(C)Nos.19869 of 2010, 14650 of 2012,
                     23950 of 2014, 4801, 6303, and 27020 of 2015,
                          1688, 6860, 6898 and 33998 of 2016,
                              14670 and 26684 of 2018, 4822,
                                  15062 and 20868 of 2019,
                                  13107 and 26331 of 2021,
                                    9346 and 19940 of 2022
                      ------------------------------------------------------------
                         Dated this the 20th day of February, 2024

                                              ORDER

In the light of the submission of the learned

Special Government Pleader that the issue raised in these

writ petitions is gaining the attention of a nine Judge Bench

of the Supreme Court in State of U.P. & Ors. v.

M/s.Lalta Prasad Vaish (Civil Appeal No.151 of 2007),

list these matters for consideration after a month.

Sd/-

GOPINATH P., JUDGE rkj WP(C) No.6303/2015 3/3 Order Date : 20-02-2024

APPENDIX OF WP(C) 6303/2015 EXHIBIT-P1: A TRUE COPY OF THE DEMAND NOTICE DATED 20.2.2015 ISSUED BY THE 3RD RESPONDENT EXHIBIT-P1(A): A TRUE TRANSLATION OF EXHIBIT-P1 EXHIBIT-P2: A TRUE COPY OF THE JUDGMENT DATED 2.2.2006

EXHIBIT-P3: A TURE COPY OF THE GOP NO.57/2014/TD DATED 5.4.2014, PUBLISHED AS SRO 235/2014 IN THE KERALA GAZETTE EXTRA-ORDINARY DATEAD NO.1016 DATED 5.4.2014 EXHIBIT-P4: A TRUE COPY OF THE INTERIM ORDER DATED 17.09.2014 IN WPC.NO.23950/2014