Solar Hotels Pvt Ltd vs State Of Kerala
2024 Latest Caselaw 31555 Ker

Kerala High Court

Solar Hotels Pvt Ltd vs State Of Kerala on 5 November, 2024

Author: D. K. Singh

Bench: D. K. Singh

WP(C) NO. 39003 OF 2024




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                                                                        2024:KER:82244


                          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                           PRESENT

                            THE HONOURABLE MR. JUSTICE D. K. SINGH

                TUESDAY, THE 5TH DAY OF NOVEMBER 2024 / 14TH KARTHIKA, 1946

                                    WP(C) NO. 39003 OF 2024


PETITIONER/S:

       1        SOLAR HOTELS PVT LTD.,
                PAVARATTY P.O, THRISSUR , REPRESENTED BY ITS MANAGING DIRECTOR K B JAYA
                DAS, PIN - 680507

       2        HOTEL MOON AND SHOPPING COMPLEX,
                PAVARATTY P.O, THRISSUR 680 507 REPRESENTED BY ITS MANAGING PARTNER
                CHACKO A JOHN RESIDING AT ARAKKAL HOUSE, PUVATHUR, THRISSUR, PIN - 680507

       3        BLUE SERENE RESORTS,
                THEERADESOM ROAD, THOYAKKAVVU, THRISSUR REPRESENTED BY ITS MANGAING
                DIRECTOR, JAYARAM P R, PIN - 680513


                BY ADVS.
                THOMAS ABRAHAM
                MERCIAMMA MATHEW
                ASWIN.P.JOHN
                R.ANANTHAPADMANABAN
                PAUL BABY
                SWATHY A.P.
                THARA ELIZABETH THOMAS




RESPONDENT/S:

       1        STATE OF KERALA,
                EPRESENTED BY ITS SECRETARY, TAXES DEPARTMENT, GOVERNMENT OF KERALA,
                SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
 WP(C) NO. 39003 OF 2024




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                                                                       2024:KER:82244


       2       COMMISSIONER OF EXCISE,
               EXCISE COMMISSIONERATE, VIKAS BHAVAN P.O., NANDHAVANAM,
               THIRUVANANTHAPURAM, PIN - 695033

       3       DEPUTY EXCISE COMMISSIONER,
               OFFICE OF THE DEPUTY EXCISE COMMISSIONER, CIVIL STATION, AYYANTHOLE,
               THRISSUR, PIN - 680003

       4       DISTRICT COLLECTOR, THRISSUR,
               CIVIL STATION, AYYANTHOLE, THRISSUR, PIN - 680003

       5       DISTRICT POLICE CHIEF (THRISSUR CITY),
               OFFICE OF THE DISTRICT POLICE CHIEF, RAMAVARMAPURAM ROAD, PALLIMOOLA,
               MANNUMKAD, THRISSUR, PIN - 680631



OTHER PRESENT:

               SRI.S. GOPINATHAN-SR.GP, SR


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.11.2024, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 39003 OF 2024




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                                 JUDGMENT

The present writ petition has been filed impugning Ext.P1 notice

by the District Collector, Thrissur in exercise of the powers conferred

under Section 54 of the Abkari Act.

2. After some arguments, the learned Counsel for the

petitioners submits that he would like to withdraw this writ petition.

Hence, the writ petition is dismissed as withdrawn.

Sd/-

D. K. SINGH JUDGE jjj WP(C) NO. 39003 OF 2024

2024:KER:82244

APPENDIX OF WP(C) 39003/2024

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE NOTICE NO.DCTSR/10972/2023-64(1) DATED 2/11/2024 ISSUED BY THE 4TH RESPONDENT ALONG WITH ITS TRANSLATION

EXHIBIT P1(a) THE TRUE COPY OF THE WRITTEN SUBMISSION SUBMITTED BY THE PETITIONERS AT THE HEARING HELD ON 4/11/2024

EXHIBIT P2 THE TRUE COPY OF THE SAID JUDGMENT DATED 16/2/2005 IN W.P.(C)

EXHIBIT P3 THE TRUE COPY OF THE CIRCULAR DATED 29/4/2009 ISSUED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF KERALA ALONG WITH THE TYPED LEGIBLE COPY

EXHIBIT P4 THE TRUE COPY OF THE JUDGMENT DATED 12/2/2018 OF THIS HON'BLE COURT IN W.A. NO. 391 OF 2018

Exhibit P5 THE TRUE COPY OF THE JUDGMENT DATED 30/3/2023 IN W.A.NO.698 OF 2023

Exhibit P6 THE TRUE COPY OF THE INTERIM ORDER DATED 28/2/2024 IN W.P.(C)NO.7870 OF 2024