Kerala High Court
Hotel Edassry Mansion vs State Of Kerala on 4 November, 2025
WP(C) NO. 23781 OF 2025 and Conn.cases
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 4TH DAY OF NOVEMBER 2025 / 13TH KARTHIKA, 1947
WP(C) NO. 23781 OF 2025
PETITIONER:
EDASSERY RESORTS,
KATTAPPANA, IDUKKI, REPRESENTED BY ITS MANAGING PARTNER,
E.J.DAVIS, AGED 69 YEARS, S/O.E.M.JOSEPH (LATE), RESIDING
AT EDASSERY HOUSE, ANGAMALY VILLAGE, ALUVA TALUK,
ANGADIKADAVU ROAD,ANGAMALY, ERNAKULAM DISTRICT, PIN -
683572
BY ADVS.
SHRI.M.G.KARTHIKEYAN
SRI.NIREESH MATHEW
SRI.VIVEK VENUGOPAL
SRI.BABU JOSE
SHRI.GAJENDRA SINGH RAJPUROHIT
SHRI.ATHUL POULOSE
SHRI.AKHIL GEORGE
RESPONDENTS:
1 THE EXCISE COMMISSIONER,
COMMISSIONERATE OF EXCISE, EXCISE HEAD QUARTERS,NANDAVANAM,
THIRUVANANTHAPURAM, PIN - 695033
2 STATE OF KERALA,
REPRESENTED BY SECRETARY, TAXES (A) DEPARTMENT, GOVT.
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
SRI. SREEJITH V.S., GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.11.2025, ALONG WITH WP(C).12036/2020, 24679/2019, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 23781 OF 2025 and Conn.cases
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2025:KER:83392
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 4TH DAY OF NOVEMBER 2025 / 13TH KARTHIKA, 1947
WP(C) NO. 12036 OF 2020
PETITIONER:
HOTEL DONA CASTLE
(A UNIT OF EDASSERY GROUP OF HOTELS PVT. LTD.), KOTTAMUKKU,
LAKSHMINADA, KOLLAM, REPRESENTED BY ITS MANAGING DIRECTOR,
PAUL DAVIS, S/O. E. J. DAVIS.
BY ADV SHRI.M.G.KARTHIKEYAN
RESPONDENTS:
1 THE EXCISE COMMISSIONER
COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM - 695 033.
2 THE DEPUTY COMMISSIONER OF EXCISE
KOLLAM, PIN - 691 001.
3 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, TAXES (A) DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
SRI. SREEJITH V.S., GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.11.2025, ALONG WITH WP(C).23781/2025 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 23781 OF 2025 and Conn.cases
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2025:KER:83392
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 4TH DAY OF NOVEMBER 2025 / 13TH KARTHIKA, 1947
WP(C) NO. 24679 OF 2019
PETITIONER:
HOTEL EDASSRY MANSION
KATHRIKADAVU, KALOOR-682017, REPRESENTED BY ITS MANAGING
PARTNER, MITHUN DAVIS, S/O.E.J. DAVIS.
BY ADVS.
SHRI.M.G.KARTHIKEYAN
SRI.NIREESH MATHEW
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, TAXES (A) DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE EXCISE COMMISSIONER,
COMMISSIONERATE OF EXCISE, EXCISE HEAD QUARTERS,
NANDAVANAM, THIRUVANANTHAPURAM-695033.
3 THE DEPUTY COMMISSIONER OF EXCISE,
ERNAKULAM-682018.
SRI. SREEJITH V.S., GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.11.2025, ALONG WITH WP(C).23781/2025 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 23781 OF 2025 and Conn.cases
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JUDGMENT
W.P.(C) Nos.12036/2020 and 24679/2019
These writ petitions are filed challenging the conditions imposed by
the Excise Commissioner in his order dated 30.05.2018, in an application
seeking prior sanction for reconstituting the Director Board of the licensee
Company. The application preferred by the petitioner was allowed as per
Ext.P2 order, which reads as follows:
"In the above circumstances, sanction is hereby accorded to reconstitute
the director board of Edassery Group of Hotels (P) Ltd., by allowing retirement
of Sri.E.J.Davis and Smt. Maggie Davis from the director board and by
inducting Sri.Paul Davis and Smt.Niya Paul as new directors subject to the
remittance of Rs.1,00,000/- (One Lakh only) as per Rule 19(iii) and to change
the name of licensee of FLB license No.KLM-15/2017 18 of Hotel Dona Castle,
Kollam run by Edassery Group of Hotels (P) Ltd. from the name of Sri.E.J.Davis
to the name of Sri. Paul Davis, Managing Director, after effecting the
reconstitution of director board, subject to the remittance of a fee of
Rs.2,00,000/- as per Rule 19(iv) of the Foreign Liquor Rules and subject to the
final outcome of Crl. Appeal No.781/203 pending before the Hon'ble High Court
of Kerala."
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2. Initially, the petitioner sought for a direction to quash the
condition to the extent it imposes a condition of Rs 2 lakhs as per Rule
19(iv) of the Foreign Liquor Rules and also against the condition which
made the order subject to the final outcome of Crl.Appeal No.781/2017
pending before this Court. The petitioner also sought a prayer for a refund
of Rs. 2 lakhs made as per Ext.P2 order.
3. The learned Senior Counsel submits that he is not pressing the
prayer challenging the imposition of Rs. 2 lakhs along with a prayer for
refund. This is recorded. Accordingly, prayers Nos. 1 to 3 to the above
extent are declined as given up, based on the above concession. Ext.P3,
however, contains a condition that the application is allowed, subject to
the final outcome of Crl. Appeal No.781/2017, which is pending before this
Court.
4. The learned Senior Counsel points out the order passed by this
Court in Crl. M.A. No.4779/2017 in Crl.Appeal No.781/2017 dated
13.10.2017, suspending the conviction, taking note of the fact that the same
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will result in consequences, including adverse effect on the business. The
learned Senior Counsel submits that pursuant to the order staying the
conviction, their license has been renewed. This is also recorded.
5. In view of the above, Ext.P3 order insofar as directed that the
orders passed are subject to the final outcome of Crl.Appeal No.781/2017
pending before this Court is quashed. However, it is made clear that if
ultimately the conviction is upheld, it will be open to the respondents to
take such steps permissible under law.
These writ petitions are disposed of as above.
6. In W.P.(C) No. 23781/2025, the application submitted by the
petitioner for reconstitution of the partnership was rejected through
Ext.P4 order, which was upheld by Ext.P5 revision. The reasons for
rejection are the conviction and sentence in CC 16/2016 on the files of the
Special Judge CBI, Ernakulam, the same as in the earlier cases.
7. Taking note of the fact that the conviction itself is stayed as
stated above, the application could not have been rejected, as no
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disqualification can be attributed pending the interim order. It is also to be
noted that reconstitution has been allowed in the other two cases. Given
the above, the impugned orders are quashed, and there will be a direction
to the 1st respondent to reconsider the application in the light of the fact
that the conviction itself has been stayed/suspended. Fresh orders, in
accordance with law, shall be passed within two months from the date of
receipt of a copy of this judgment.
The writ petition is allowed as above.
Sd/-MOHAMMED NIAS C.P.
JUDGE
lsn
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APPENDIX OF WP(C) 23781/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF THE ONLINE APPLICATION
SUBMITTED BY THE PETITIONER BEFORE THE 1ST
RESPONDENT.
Exhibit P2 TRUE PHOTOCOPY OF THE ORDER DATED 22.05.2018
PASSED BY THE EXCISE COMMISSIONER IN RESPECT OF
HOTEL EDASSERY MANSION
Exhibit P3 TRUE PHOTOCOPY OF THE ORDER NO.G.O(RT)NO.565/
2019/TAXES DATED 11.08.2019 PASSED BY THE 2ND
RESPONDENT
Exhibit P4 TRUE PHOTOCOPY OF THE ORDER NO.EXC/4601/2022-XC6
DATED 18.10.2022 PASSED BY THE 1ST RESPONDENT.
Exhibit P5 TRUE PHOTOCOPY OF THE ORDER, GO(RT)NO.382/2023/
TAXES DATED 08.06.2023 PASSED BY THE 2ND
RESPONDENT.
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APPENDIX OF WP(C) 12036/2020
PETITIONER EXHIBITS
EXHIBIT P1 PHOTOCOPY OF THE JUDGMENT DATED 19.03.2018 IN
W.P.(C) NO.8082/2018 PASSED BY THIS HON'BLE
COURT.
EXHIBIT P2 TRUE COPY OF THE ORDER NO.EXC/255/2018-XC7 DATED
30.05.2018 PASSED BY THE 1ST RESPONDENT.
EXHIBIT P3 PHOTOCOPY OF THE REVISION PETITION DATED
01.10.2018 FILED BEFORE THE 3RD RESPONDENT.
EXHIBIT P4 PHOTOCOPY OF THE JUDGMENT DATED 13.02.2020 IN
WP(C) NO.3233/2020 PASSED BY THIS HON'BLE COURT.
EXHIBIT P5 PHOTOCOPY OF THE ORDER DATED 19.05.2020 PASSED
BY THE 3RD RESPONDENT.
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APPENDIX OF WP(C) 24679/2019
PETITIONER EXHIBITS
EXHIBIT P1 PHOTOCOPY OF THE APPLICATION DATED 14.08.2017
SUBMITTED BEFORE THE 2ND RESPONDENT THROUGH
PROPER CHANNEL.
EXHIBIT P2 PHOTOCOPY OF THE PARTNERSHIP DEED DATED
30.11.2013 ALONG WITH ACKNOWLEDGMENT OF
REGISTRATION OF FIRM.
EXHIBIT P3 TRUE COPY OF THE ORDER NO.EXC/308/2018-XC6/D.DIS
DATED 22.05.2018 PASSED BY THE 2ND RESPONDENT.
EXHIBIT P4 PHOTOCOPY OF THE REVISION PETITION DATED
01.10.2018 FILED BEFORE THE 1ST RESPONDENT.
EXHIBIT P5 PHOTOCOPY OF THE ORDER GO(RT) NO.565/2019/TAXES,
DATED 11.08.2019 PASSED BY THE 1ST RESPONDENT.
