K.S.Distillery vs State Of Kerala
2024 Latest Caselaw 5775 Ker

Kerala High Court

K.S.Distillery vs State Of Kerala on 20 February, 2024

Author: P Gopinath

Bench: P Gopinath

WP(C) No.4801/2015                         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. 4801 OF 2015

   PETITIONER:

          K.S.DISTILLERY, VARAM, KANNUR - 670 594, REPRESENTED BY ITS JOINT
          MANAGING DIRECTOR MR.K.ANUP.

   RESPONDENTS:

      1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, TAXES
         DEPARTMENT, THIRUVANANTHAPURAM.
      2. THE COMMISSIONER OF EXCISE. THIRUVANANTHAPURAM.
      3. THE EXCISE INSPECTOR. K.S.DISTILLERY VARAM, KANNUR - 670 594.


        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 P2 and P3, 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 R1, the court passed the
   following:
 WP(C) No.4801/2015                                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.4801/2015 3/3 Order Date : 20-02-2024

APPENDIX OF WP(C) 4801/2015 P1- A TRUE COPY OF THE REPORT OF RECEIPTS AND REFUNDS FOR THE YEAR 2012-13 AND INSPECTION OF ACCOUNTS AND RECORDS PERTAINING TO THE PERIOD FROM 1.10.2009 TO 28.2.2014 IN THE OFFICE OF THE 3RD RESPONDENT P2- A TRUE COPY OF THE DEMAND NOTICE DATED 21.1.2015 ISSUED BY THE 3RD RESPONDENT P3- A TRUE COPY OF THE DEMAND NOTICE DATED 21.1.2015 ISSUED BY THE 3RD RESPONDENT P4- A TRUE COPY OF THE JUDGMENT DATED 2.2.2006 IN WPC

P5- A TRUE COPY OF THE GOP NO. 57/2014/TD DATED 5.4.14 PUBLISHED AS SRO 235/2014 IN THE KERALA GAZETTEE EXTRA- ORDINARY DATED NO.1016 DATED 5.4.2014 P6- A TRUE COPY OF THE INTERIM ORDER DATED 17.9.14 WPC