Kerala High Court
Hotel Ashoka vs State Of Kerala on 8 August, 2025
WP(C) NO. 28931 OF 2025 1
2025:KER:59534
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 8TH DAY OF AUGUST 2025 / 17TH SRAVANA, 1947
WP(C) NO. 28931 OF 2025
PETITIONERS:
1 HOTEL ASHOKA,
BUILDING NO.25/468, MUNICIPAL OFFICE ROAD,OPP. TOWN
HALL, ALAPPUZHA, REPRESENTED BY ITS MANAGING PARTNER,
S.DEVANAND, AGED 60 YEARS, S/O.S.SRADHANANDAN,RESIDING
AT SUBHADRALAYAM, KANICHUKULANGARA P.O, CHERTHALA,
ALAPPUZHA DISTRICT, PIN - 688001
2 TINCY THOMAS,
AGED 34 YEARS
W/O.APPU THOMAS (LATE), RESIDING AT KUNNAPPALLY
HOUSE,MUHAMMA P.O, ALAPPUZHA DISTRICT, PIN - 688525
BY ADVS.
SHRI.M.G.KARTHIKEYAN
SRI.NIREESH MATHEW
SRI.VIVEK VENUGOPAL
SRI.BABU JOSE
SHRI.GAJENDRA SINGH RAJPUROHIT
SHRI.AKHIL GEORGE
SHRI.ATHUL POULOSE
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY, TAXES (A) DEPARTMENT, GOVT.
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE EXCISE COMMISSIONER,
COMMISSIONERATE OF EXCISE, EXCISE HEAD
QUARTERS,NANDAVANAM, THIRUVANANTHAPURAM, PIN - 695033
3 THE DEPUTY COMMISSIONER OF EXCISE,
EXCISE DIVISION OFFICE, IRON BRIDGE P.O,NEAR GENERAL
WP(C) NO. 28931 OF 2025 2
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HOSPITAL, ALAPPUZHA, PIN - 688011
4 THE CIRCLE INSPECTOR OF EXCISE,
EXCISE DIVISION OFFICE, EXCISE COMPLEX,2ND FLOOR, IRON
BRIDGE P.O, NEAR GENERAL HOSPITAL, ALAPPUZHA, PIN -
688011
5 THE CHIEF WELFARE FUND INSPECTOR,
KERALA ABKARI WORKERS WELFARE FUND BOARD,CHALAI BAZAR,
CHALAI, THIRUVANANTHAPURAM, PIN - 695036
6 THE WELFARE FUND INSPECTOR,
KERALA ABKARI WORKERS WELFARE FUND BOARD,CHALAI BAZAR,
CHALAI, THIRUVANANTHAPURAM, PIN - 695036
7 THE CHIEF WELFARE FUND INSPECTOR,
KERALA TODDY WORKERS WELFARE FUND BOARD,ULLOOR GARDEN,
PAROTTUKONAM, THIRUVANANTHAPURAM, PIN - 695044
8 THE WELFARE FUND INSPECTOR,
KERALA TODDY WORKERS WELFARE FUND BOARD,BUS STOP,
VALIYACHUDUKADU, MULLATHUVALAPPU- VALIYACHUDUKADU ROAD,
ALAPPUZHA, PIN - 688012
9 SUKUMAR,
S/O.K. MUTHUKRISHNA REDDIAR,MUTHULAKSHI VILASAM, IRON
BRIDGE P.O,ALAPPUZHA MURI, OPP. TOWN HALL,ALAPPUZHA
DISTRICT, PIN - 688011
SRI. RENIL ANTO KANDAMKULATHY, SC., SRI. S. KRISHNA
MOORTHY, SC. SRI. SREEJITH V.S., GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 28931 OF 2025 3
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JUDGMENT
The writ petition is filed with the following prayers:
"i) declare that the 1st petitioner firm is entitled to continue the
conduct of FL-11 license renewed vide Ext.P8 for the remaining period
and subsequent renewal as per the policy represented by Sri.S.Devanand,
the Managing Partner of the 1st petitioner firm;
ii) call for the records leading to Ext.P12 and quash the same by issuing
a writ of certiorari or other appropriate writ, order or direction;
iii.) issue a writ of mandamus or other appropriate writ, order or
direction commanding the 2nd respondent to consider and pass orders
on Ext.P14 ,sanction to reconstitute the partnership deed as per Ext.P13
reconstituted partnership deed after giving an opportunity of hearing to
respondents 5 to 8;
iv.) grant such other and further relief as this Hon'ble court may deem
fit and proper in the interest of justice;
v.) dispense with the filing of the translation of vernacular documents
produced along with this Writ Petition; "
2. The petitioners had preferred Exts.P4 and P14 applications
before the 2nd respondent, intimating the reconstitution of the
partnership firm and seeking their permission. The petitioners submit
that no orders have been passed on Exts.P4 and P14 so far.
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3. The learned Government Pleader, on instructions, submits
that the petitioners were directed to produce certain documents,
namely, the Clearance Certificate from the Abakri Welfare Fund Board.
4. Taking note of the fact that the said applications are
pending consideration before the 2nd respondent, there will be a
direction to the 2nd respondent to hear the petitioner, the 9th
respondent and any other affected persons, if any and pass orders in
accordance with law, within one month from the date of receipt of a
copy of this judgment. Till orders are passed as directed above, in view
of Ext.P7 interim order passed by this Court earlier and also the Ext.P8
renewal of F-11 license in the year 2025-26, which is valid up to
31.03.2026,the managing partner of the firm will be permitted to carry
out the business strictly in terms of the licence granted and will be
responsible as the licencee, during the above period.
The writ petition is disposed of as above.
Sd/-MOHAMMED NIAS C.P.
JUDGE
lsn
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APPENDIX OF WP(C) 28931/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF THE RECONSTITUTED
PARTNERSHIP DEED DATED 01.04.2003
Exhibit P2 TRUE PHOTOCOPY OF THE DRAFT PARTNERSHIP DEED
PROPOSED TO BE RECONSTITUTED
Exhibit P3 TRUE PHOTOCOPY OF THE FL-11 LICENSE RENEWAL
CERTIFICATE DATED 31.03.2017 ISSUED BY THE 3RD
RESPONDENT
Exhibit P4 TRUE PHOTOCOPY OF THE APPLICATION DATED
03.09.2022 SUBMITTED BEFORE THE 2ND
RESPONDENT.
Exhibit P5 TRUE PHOTOCOPY OF THE RENT DEED DATED
04.08.2022
Exhibit P6 TRUE PHOTOCOPY OF THE APPLICATION DATED
02.12.2022
Exhibit P7 TRUE PHOTOCOPY OF THE INTERIM ORDER DATED
05.01.2023 IN WP(C) NO.184/2023
Exhibit P8 TRUE PHOTOCOPY OF THE LATEST FL-11 LICENSE
RENEWED FOR THE YEAR 2025-26 DATED 03.04.2025
Exhibit P9 TRUE PHOTOCOPY OF THE DEATH CERTIFICATE OF APPU
THOMAS ISSUED BY MUHAMMA GRAMA PANCHAYATH.
Exhibit P10 TRUE PHOTOCOPY OF THE APPLICATION DATED
27.06.2025 SUBMITTED BEFORE THE EXCISE
COMMISSIONER
Exhibit P11 TRUE PHOTOCOPY OF THE NO OBJECTION CERTIFICATE
ISSUED BY THE LEGAL HEIRS OF APPU THOMAS.
Exhibit P12 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE 4TH
RESPONDENT DATED 28.07.2025
Exhibit P13 TRUE PHOTOCOPY OF THE PROPOSED RECONSTITUTED
PARTNERSHIP DEED IN THE LIGHT OF DEATH OF APPU
THOMAS
Exhibit P14 TRUE PHOTOCOPY OF THE APPLICATION DATED
02.08.2025 SUBMITTED DIRECTLY TO THE 4TH
RESPONDENT FOR FORWARDING TO THE 2ND RESPONDENT
Exhibit P15 TRUE PHOTOCOPY OF THE JUDGMENT OF THE LEARNED
DIVISION BENCH DATED 08.01.2009 IN
Exhibit P16 TRUE PHOTOCOPY OF THE JUDGMENT OF THE LEARNED
SINGLE JUDGE DATED 01.04.2009 IN WP(C)
Exhibit P17 TRUE PHOTOCOPY OF THE SRO.NO.324/2023 DATED
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04.03.2023
