Empee Distilleries Ltd vs State Of Kerala
2024 Latest Caselaw 5745 Ker

Kerala High Court

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

Author: P Gopinath

Bench: P Gopinath

WP(C) No.6860/2016                      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. 6860 OF 2016
   PETITIONER:

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

   RESPONDENTS:

      1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, TAXES
         DEPARTMENT, THIRUVANANTHAPURAM - 695 001.
      2. THE COMMISSIONER OF EXCISE THIRUVANANTHAPURAM - 695 001.
      3. THE EXCISE INSPECTOR EMPEE DISTILLERIES LTD., KANJIKODE, PALAKKAD -
         678 621.


        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 Writ
   Petition.


        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
   SRI. RAJU K.MATHEWS, Advocate for the petitioner, the court passed the
   following:
 WP(C) No.6860/2016                                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.6860/2016 3/3 Order Date : 20-02-2024

APPENDIX OF WP(C) 6860/2016 EXHIBIT P1. A TRUE COPY OF THE DEMAND NOTICE DATED 12.02.2016 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P1(A). A TRUE TRANSLATION OF EXHIBIT P1. EXHIBIT P2. A TRUE COPY OF THE JUDGMENT DATED 02.02.2006 IN WPC NO.32187/2005. EXHIBIT P3. A TRUE COPY OF THE GOP NO.57/2014/TD DATED 05.04.2014, PUBLISHED AS SRO 235/2014 IN THE KERALA GAZETTE EXTRA-ORDINARY DATED NO.1016 DATED 05.04.2014. EXHIBIT P4. A TRUE COPY OF THE INTERIM ORDER DATED 17.09.2014 IN WPC NO.23950/2014.