Babu Thomas vs State Of Kerala
2024 Latest Caselaw 14464 Ker

Kerala High Court

Babu Thomas vs State Of Kerala on 31 May, 2024

Author: N. Nagaresh

Bench: N.Nagaresh

WP(C) No.1342/2024                            1/3                        Order Date : 31-05-2024

                           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                           PRESENT
                             THE HONOURABLE MR.JUSTICE N.NAGARESH
                     Friday, the 31st day of May 2024 / 10th Jyaishta, 1946
                                     WP(C) NO. 1342 OF 2024
   PETITIONER:

      1. BABU THOMAS, AGED 72 YEARS , S/O.LATE N.J.THOMAS, NEDUMCHIRAYIL
         HOUSE, GANDHINAGAR P.O, KOTTAYAM DISTRICT, PIN - 686008
      2. DOMINIC MATHEW, AGED 65 YEARS , S/O.MATHEW (LATE), KUZHIMATTATHIL
         HOUSE, AYARKUNNAM P.O, KOTTAYAM DISTRICT, PIN - 686564
      3. PETER JOHN URALIL AGED 62 YEARS S/O.JOHN (LATE), URALIL HOUSE,
         MONIPPALLY P.O, KOTTAYAM DISTRICT, PIN - 686636

   RESPONDENTS:

      1. STATE OF KERALA REPRESENTED BY SECRETARY, TAXES (A) DEPARTMENT,
         GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695033
      2. THE EXCISE COMMISSIONER COMMISSIONERATE OF EXCISE, EXCISE HEAD
         QUARTERS, NANDAVANAM, THIRUVANANTHAPURAM, PIN - 695033
      3. THE DEPUTY COMMISSIONER OF EXCISE EXCSIE DIVISION OFFICE,
         COLLECTORATE P.O, KOTTAYAM, PIN - 686002
      4. THE CIRCLE INSPECTOR OF EXCISE EXCISE CIRCLE OFFICE, MINI CIVIL
         STATION P.O, KOTTAYAM, PIN- 686001

        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 pass an order directing respondents 2 to 4 to permit the
   petitioners 1 and 2 to conduct Ext.P1 license as proprietor till a
   decision is taken on the application acknowledged vide Ext.P6.
        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
   01.04.2024 and upon hearing the arguments of SRI.M.G.KARTHIKEYAN,
   Advocate for the petitioner, the court passed the following:
 WP(C) No.1342/2024                         2/3                                Order Date : 31-05-2024




                                   N. NAGARESH, J.
                                  ----------------------------
                               W.P. (C) No.1342 of 2024
                       --------------------------------------------------
                         Dated this the 31st day of May, 2024

                                        ORDER

Interim order is extended by two months.

Post on 31.07.2024.

Sd/-

N. NAGARESH JUDGE AMR WP(C) No.1342/2024 3/3 Order Date : 31-05-2024

APPENDIX OF WP(C) 1342/2024 Exhibit P1 TRUE PHOTOCOPY OF THE FL-11 LICENSE NO.KT-39/14-15 ISSUED BY THE DEPUTY COMMISSIONER OF EXCISE, KOTTAYAM DATED 07.01.2015 Exhibit P2 TRUE PHOTOCOPY OF THE JUDGMENT DATED 28.03.2023 IN

Exhibit P3 TRUE PHOTOCOPY OF THE PARTNERSHIP DEEE DATED 03.11.1998.

Exhibit P4 TRUE PHOTOCOPY OF THE FL-11 RENEWAL CERTIFICATE DATED 16.05.2023 ISSUED BY THE 3RD RESPONDENT. Exhibit P5 TRUE PHOTOCOPY OF THE PARTNERSHIP DEED DATED 11.12.2023.

Exhibit P6 TRUE PHOTOCOPY OF THE APPLICATION ACKNOWLEDGMENT DATED 27.12.2023 ISSUED BY THE 3RD RESPONDENT. Exhibit P7 TRUE PHOTOCOPY OF THE ORDER NO.EXC/4696/2022-XC7 DATED 20.10.2022 PASSED BY THE EXCISE COMMISSIONER.