Citation : 2024 Latest Caselaw 5746 Ker
Judgement Date : 20 February, 2024
WP(C) No.9346/2022 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. 9346 OF 2022
PETITIONER:
UNITED DISTILLERIES, VENGALIPARA, ERANHIKKAL P.O., KOZHIKODE,
REPRESENTED BY ITS MANAGER COMMERCIAL MR. VINOD KRISHNAN, PIN -
673303.
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, UNITED DISTILLERIES, VENGALIPARA, ERANHIKKAL
P.O 673 303, KOZHIKODE.
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, P3 to P9 and P12, 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
28/03/2023 and upon hearing the arguments of SRI.RAJU K.MATHEWS, Advocate
for the petitioners the court passed the following:
WP(C) No.9346/2022 2/3 Order Date : 20-02-2024
GOPINATH P., J.
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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
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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.9346/2022 3/3 Order Date : 20-02-2024
APPENDIX OF WP(C) 9346/2022 Exhibit P1 A TRUE COPY OF THE NOTICE DATED 28-06-2019 ISSUED BY THE 3RD RESPONDENT.
Exhibit P2 A TRUE COPY OF THE REPLY DATED 10-07-2019 TO P1 Exhibit P3 A TRUE COPY OF THE CHALAN DATED 22-07-2019 Exhibit P4 A TRUE COPY OF THE CHALAN Exhibit P5 A TRUE COPY OF THE NOTICE DATED 28-11-2019 Exhibit P6 A TRUE COPY OF THE NOTICE DATED 30-11-2019 Exhibit P7 A TRUE COPY OF THE NOTICE Exhibit P8 A TRUE COPY OF THE NOTICE Exhibit P9 A TRUE COPY OF THE NOTICE DATED 05-08-2021 Exhibit P10 A TRUE COPY OF THE JUDGMENT DATED 2-2-2006 IN WPC NO Exhibit P11 A TRUE COPY OF THE GOP NO. 57/2014/TD DATED 5-4-2014,
PUBLISHED AS AS SRO 235/2014 IN THE KERALA GAZETTE EXTRA-ORDINARY DATED NO. 1016 DATED 5-4-2014 Exhibit P12 A TRUE COPY OF THE LETTER OF THE 3RD RESPONDENT. Exhibit P13 A TRUE COPY OF THE INTERIM ORDER DATED 17-09-2014 IN WPC NO. 23950 OF 2014 Exhibit P13A A TRUE COPY OF THE ORDER DATED 11-06-2015 IN WPC NO.
23950 OF 2014 Exhibit P14. A TRUE COPY OF THE NOTICE NO. UD-1/2022 DATED 31.01.2023 ISSUED BY THE 3RD RESPONDENT.
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