Kerala High Court
K. Sukumaran vs State Of Kerala on 28 June, 2024
Author: N. Nagaresh
Bench: N.Nagaresh
WP(C) No.31247/2023 1/3 Order Date : 28-06-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Friday, the 28th day of June 2024 / 7th Ashadha, 1946
WP(C) NO. 31247 OF 2023
PETITIONER:
K. SUKUMARAN, AGED 62 YEARS , S/O AMBUNHI, KENOTH VEEDU, PALLIKKARA,
NEELESWARAM, KASARGOD, PIN - 671314
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ADDL.CHIEF SECRETARY TO GOVERNMENT ,
TAXES (G),DEPARTMENT, GOVERNMENT OF KERALA,SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2. EXCISE COMMISIONER, COMMISSIONRATE OF EXCISE , THIRUVANANTHAPURAM,
PIN - 695033
3. DEPUTY COMMISIONER OF EXCISE, OFFICE OF THE DEPUTY COMMISSIONER OF
EXCISE KASARGODE, PIN - 671123
4. CIRCLE INSPECTOR EXCISE CIRCLE, HOSDURG , KASARGOD, PIN - 671531
5. JOINT COMMISSIONER OF EXCISE, OFFICE OF THE JOINT COMMISSIONER OF
EXCISE NORTH ZONE, KOZHIKODE, PIN - 673020
6. ADDL R6: V. P. DEEPA D/O. KUNHIRAMAN, VALIYAPURAYIL, EZHOME P.O.,
KANNUR, * IS IMPLEADED AS ADDITIONAL RESPONDENT 6 AS PER ORDER DATED
05.03.2024 IN I.A. 01/2023 IN WP (C) 31247/2023
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 direct respondents 4 and 5 to give preference for the
petitioner in the sale of Toddy shops bearing ts No. 1, 2, 4, 43 and 44 in
group no. 1 in the nileshwar range for the year 2023-24, pending disposal
of wp (c).
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 A.SUDHI VASUDEVAN (SR.), SHILPA SATHISH, JOSE JONES JOSEPH & ADITH
KIRAN R.S., Advocates for the petitioner, SRI. JAWAHAR JOSE Advocate for
R6, the court passed the following:
WP(C) No.31247/2023 2/3 Order Date : 28-06-2024
N. NAGARESH, J.
--------------------------------------------
W.P.(C) No.31247 of 2023
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Dated this the 28th day of June, 2024
ORDER
Government Pleader is directed to file counter affidavit,
if any, within two weeks.
Post on 17.07.2024.
Sd/-
N. NAGARESH
JUDGE
ams
WP(C) No.31247/2023 3/3 Order Date : 28-06-2024
APPENDIX OF WP(C) 31247/2023
Exhibit P1 A TRUE COPY OF THE ORDER DATED 18.11.2017 PASSED BY THE
2ND RESPONDENT CANCELLING THE TODDY SHOP LICENSES IN
RESPECT OF TS NO. 1, 2, 4, 41, 43 AND 44 IN GROUP NO. 1
OF NILESHWAR RANGE
Exhibit P2 A TRUE COPY OF THE ORDER DATED 23.10.2021 PASSED IN CC
NO.1480/2017 BY THE JUDICIAL MAGISTRATE OF FIRST CLASS-
II HOSDURG
Exhibit P3 A TRUE COPY OF THE REPRESENTATION DATED 30.12.2021
SUBMITTED BY THE PETITIONER AND SHRI. T.K MUKUNDAN
BEFORE THE 2ND RESPONDENT
Exhibit P4 A TRUE COPY OF THE REPLY DATED 25.01.2022 ISSUED BY THE
2ND RESPONDENT
Exhibit P5 A TRUE COPY OF THE NOTIFICATION BEARING SRO NO.
924/2023 DATED 01.09.2023 ISSUED BY THE GOVERNMENT OF
KERALA
Exhibit P6 A TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION
BEARING SRO NO. 942/2023 DATED 04.09.2023 ISSUED BY THE
GOVERNMENT OF KERALA
Exhibit P7 A TRUE COPY OF THE APPLICATION DATED 21.09.2023
SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT
Exhibit P8 A TRUE COPY OF THE JUDGMENT DATED 12.09.2023 OF THIS
HON'BLE COURT IN WP(C) NO 29716 OF 2023
Exhibit P9 A TRUE COPY OF THE CERTIFICATE DATED 13.09.2023 BEARING
NO.MC 02/2023/III/2 ISSUED BY THE CIRCLE INSPECTOR OF
EXCISE, MANNARCAUD OBTAINED UNDER RTI ACT
Exhibit P10 A TRUE COPY OF THE COMMUNICATION DATED 25.10.2023
ISSUED BY THE 1ST RESPONDENT ADDRESSED TO THE 2ND
RESPONDENT
