Leju N vs The Excise Commissioner
2024 Latest Caselaw 31194 Ker

Kerala High Court

Leju N vs The Excise Commissioner on 1 November, 2024

WP(C) No.20428/2024                      1/3                       Order Date : 01-11-2024

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                      THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
            Friday, the 1st day of November 2024 / 10th Karthika, 1946
                              WP(C) NO. 20428 OF 2024
   PETITIONER:

          LEJU N., AGED 50 YEARS, S/O. NATARAJAN, LEKHA BHAVAN, KARAVOOR P.O,
          PIRAVANTHOOR, ELIKATTOOR, KOLLAM, PIN-689696

   RESPONDENTS:

      1. THE EXCISE COMMISSIONER, EXCISE COMMISSIONERATE, VIKAS BHAVAN P.O.,
         NANDAVANAM, THIRUVANANTHAPURAM, PIN-695033
      2. THE JOINT EXCISE COMMISSIONER, SOUTH ZONE, VIKAS BHAVAN P.O.,
         NANDAVANAM, THIRUVANANTHAPURAM, PIN-695033
      3. THE DEPUTY EXCISE COMMISSIONER, EXCISE COMPLEX, RESIDENCY ROAD,
         KOLLAM, PIN-691001
      4. THE SECRETARY, ARYANKAVU GRAMA PANCHAYAT, KZHUTHURUTTI P.O., KOLLAM
         DISTRICT, PIN-691309
      5. ARYANKAVU GRAMA PANCHAYAT, KZHUTHURUTTI P.O., KOLLAM DISTRICT
         REPRESENTED BY ITS SECRETARY, PIN-691309


        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 Ext.P11 order passed by the 1st respondent regarding
   establishment and operation of 'Lekha Pharmacy' in Building No.2/122 of
   Aryankavu Grama Panchayat 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
   21.10.2024 and upon hearing the arguments of M/S. K.SIJU, S.ABHILASH,
   ANJANA KANNATH & MARIYA JOSE, Advocates for the petitioner, the court
   passed the following:
 WP(C) No.20428/2024                            2/3                           Order Date : 01-11-2024




                                    SYAM KUMAR V.M., J.
                               -------------------------------------------
                                   W.P.(C) No.20428 of 2024
                              --------------------------------------------
                          Dated this the 01st day of November, 2024


                                             ORDER

Interim order is extended for a period of one month.

Post on 04.12.2024.

Sd/-

SYAM KUMAR V.M. JUDGE

csl WP(C) No.20428/2024 3/3 Order Date : 01-11-2024

APPENDIX OF WP(C) 20428/2024 Exhibit P1 THE COPY OF AYUSH S.P VII LICENSE ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT DATED 21.02.2023 Exhibit P2 THE COPY OF TRADE LICENSE DATED 28.04.2023 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P3 THE COPY OF INJUNCTION ORDER DATED 10.11.2023 COMMUNICATED TO THE LANDLORD IN OS NO.446/2023 Exhibit P4 THE COPY OF ORDER IN IA NO.67/2024 IN APPEAL NO.37/2024 DATED 17.01.2024 PASSED BY THE LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM Exhibit P5 THE COPY OF JUDGMENT DATED 13.03.2024 IN

Exhibit P6 THE COPY OF APPLICATION FOR RENEWAL OF TRADE LICENSE DATED 11.03.2024 AND ITS RECEIPT Exhibit P7 THE COPY OF RESOLUTION DATED 17.04.2024 VIDE NO.6(2), ADOPTED BY THE COMMITTEE OF THE 5TH RESPONDENT PANCHAYAT Exhibit P8 THE COPY OF INTERIM ORDER DATED 2.5.2024 IN IA NO.546/2024 IN APPEAL NO.206/2024 BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM Exhibit P9 THE COPY OF COMMUNICATION DATED 20.4.2024 ISSUED BY THE 3RD RESPONDENT Exhibit P10 THE COPY OF INTERIM ORDER DATED 1.6.2024 PASSED BY THE LSGI TRIBUNAL IN APPEAL NO.264/2024 Exhibit P11 THE COPY OF IMPUGNED ORDER DATED 17.5.2024 PASSED BY THE 1ST RESPONDENT CANCELING THE AYUSH SP VII LICENSE OF THE PETITIONER Exhibit P12 THE COPY OF ENTRY DATED 21.4.2023 IN THE INSPECTION REGISTER BY THE EXCISE CIRCLE INSPECTOR, PUNALUR