State Of Kerala vs M/S.Alankar Elite Inns And Hotels (P) ...
2024 Latest Caselaw 32981 Ker

Kerala High Court

State Of Kerala vs M/S.Alankar Elite Inns And Hotels (P) ... on 14 November, 2024

Author: Amit Rawal

Bench: Amit Rawal

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE AMIT RAWAL
                                    &
                  THE HONOURABLE MR. JUSTICE EASWARAN S
        Thursday, the 14th day of November 2024 / 23rd Karthika, 1946
                             WA NO. 1806 OF 2024
     AGAINST JUDGMENT DATED 11.06.2024 IN WP(C) 4768/2019 OF THIS COURT
APPELLANT(S)/RESPONDENTS IN WP(C)

  1. STATE OF KERALA, REP. BY SECRETARY, TAXES (A) DEPARTMENT, GOVT.
     SECRETARIAT, THIRUVANANTHAPURAM 695 001., PIN - 695001
  2. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE,
     THIRUVANANTHAPURAM 695 033., PIN - 695033
  3. THE DEPUTY COMMISSIONER OF EXCISE, THRISSUR, PIN 680 004., PIN -
     680004
  4. THE CIRCLE INSPECTOR OF EXCISE, WADAKKANCHERRY, THRISSUR DISTRICT
     PIN 680 582., PIN - 680582

GOVERNMENT PLEADER

RESPONDENT(S)/PETITIONER IN WP(C)

     M/S.ALANKAR ELITE INNS AND HOTELS (P) LTD., CHELAKKARA, THRISSUR
     DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR, K.R SURAJ, S/O. K.S
     RAMAKRISHNAN (LATE), PIN - 680586

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to pass an order staying the operation and implementation of the judgment
dated 11.06.2024 in W.P.(C) NO.4768/2019 passed by the Learned Single
Judge of this Hon'ble court to the extent that to disburse the eligible
arrears to the respondents/petitioner within a time frame, till the
disposal of the above Writ Appeal.
     This Writ Appeal coming on for orders on 14/11/2024 upon perusing
the appeal memorandum, the court on the same day passed the following:
                          AMIT RAWAL & EASWARAN S, JJ.
                        -------------------------------------------------------
                                    W.A No.1806 of 2024
                          ----------------------------------------------------
                     Dated this the 14th day of November, 2024

                                            ORDER

Amit Rawal, J.

The controversy involved in the present intra court appeal is

as to whether an application submitted by FL11 licencee be

penalized for charging of fees and fine under the deleted

provisions of the Act as the application was for regularization of

the constitution of the Directors of the Company was submitted on

1.4.2018 when the proviso under sub Rule 4 of Rule 19 of the

Foreign Liquor Licence Rules envisaging the imposition of fine

and fees was deleted.

Learned Government Pleader seeks time to search the case

law and apprise this Court on the next date of hearing.

Post on 27.11.2024.

SD/-

AMIT RAWAL, JUDGE

SD/-

    sab                                                    EASWARAN. S, JUDGE




14-11-2024                         /True Copy/                                    Assistant Registrar