P.Raju vs The Commissioner Of Excise
2024 Latest Caselaw 14234 Ker

Kerala High Court

P.Raju vs The Commissioner Of Excise on 29 May, 2024

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
 WEDNESDAY, THE 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946
                    WP(C) NO. 26386 OF 2013
PETITIONER/S:

    1    P.RAJU,
         PANICKASSERIL House,
         CLAPPANA, KARUNAGAPPALLY, KOLLAM DISTRICT.

    2    B.SATHYAN
         AKHIL BHAVANAM, MUZHUNGODI,
         THODIYOOR SOUTH, KOLLAM DISTRICT.

         BY ADVS.

         DR.K.P.SATHEESAN (SR.)
         SRI.ANOOP.V.NAIR
         SRI.K.R.AJITHBABU
         SRI.M.R.JAYAPRASAD
         SRI.P.MOHANDAS ERNAKULAM
         SMT.T.S.SAJITHA
         SRI.S.VIBHEESHANAN
         SRI.A.K.VINOD
RESPONDENT/S:

    1    THE COMMISSIONER OF EXCISE,
         COMMISSIONERATE OF EXCISE,
         THIRUVANANTHAPURAM - 695 033.
    2    DEPUTY EXCISE COMMISSIONER,
         EXCISE DIVISION OFFICE, KOLLAM - 691 001.
    3    THE CIRCLE INSPECTOR OF EXCISE,
         KARUNAGAPPALLY, KOLLAM DISTRICT, PIN: 690 518.
OTHER PRESENT:

         SMT.K.B.SONY-GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 29.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) No 26386 OF 2013

                                       2




                               JUDGMENT

The learned Counsel for the petitioners submit that

the matter has become infructuous.

Accordingly, the writ petition is dismissed as

infructuous.

Sd/-

M.A. ABDUL HAKHIM, JUDGE

S.M.K. WP(C) No 26386 OF 2013

APPENDIX OF WP(C) 26386/2013

PETITIONERS' EXHIBITS

EXT.P1: TRUE COPY OF THE ORDER NOXA1-1000/2012/KLM DATED 7/1/2013 ISSUED BY THE FIRST RESPONDENT. EXT.P2: TRUE COPY OF THE APPLICATION DATED 2/4/2013 FILED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT.

EXT.P3: TRUE COPY OF THE RELEVANT RULE UNDER THE KERALA ABKARI SHOPS DISPOSAL RULES 2002. EXT.P4: TRUE COPY OF THE REPORT SUBMITTED THE ASSISTANT EXCISE COMMISSIONER, KOLLAM TO THE 2ND RESPONDENT DATED 23/4/2013. EXT.P5: TRUE COPY OF THE LETTER GIVEN BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT DATED 29/4/2013.

EXT.P6: TRUE COPY OF THE JUDGMENT DATED 18/06/2013 IN WPC NO.13141/2013.

EXT.P7: TRUE COPY OF THE COMMUNICATION NO.KC/2/2013 DATED 18/10/2013 ISSUED BY THE 3RD RESPONDENT. EXT.P8: TRUE COPY OF THE KERALA ABKARI SHOPS DISPOSAL (AMENDMENT) RULES 2010 PUBLISHED BY THE GOVERNMENT AS G.O.(P) NO.62/2010/TD DATED 12/03/2010.

EXT.P9: TRUE COPY OF THE CONSENT LETTER GIVEN BY THE OWNER TO FUNCTION THE TODDY SHOP IN BUILDING No.III/1098 IN SURVEY No.671/1 OF KARUNAGAPPALLY VILLAGE.