Kerala High Court
Robinson D vs State Of Kerala on 16 October, 2025
2025:KER:77098
WP(C) NO.9379 & 11161 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 16TH DAY OF OCTOBER 2025 / 24TH ASWINA, 1947
WP(C) NO. 9379 OF 2025
PETITIONER/S:
ABHILASH ARAVINDAKSHAN,
AGED 46 YEARS
S/O. PRABHAKARAN ARAVINDAKSHAN, ASWATHY, NO.
XI/605, KANNIMELCHERRY, KAVANAD P.O., KOLLAM,
PIN - 691003
BY ADV SHRI.AKHIL SURESH
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY,
DEPARTMENT OF TAXES, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 EXCISE COMMISSIONER,
OFFICE OF THE COMMISSIONER OF EXCISE, VIKAS
BHAVAN, THIRUVANANTHAPURAM, PIN - 695033
3 DEPUTY COMMISSIONER OF EXCISE,
KOLLAM EXCISE RANGE OFFICE, CHINNAKKADA, KOLLAM,
PIN - 691001
4 EXCISE CIRCLE INSPECTOR,
KARICODE, PEROOR, KOTTAMKARA, KOLLAM, KOLLAM, PIN
- 691004
SRI. SREEJITH V.S., GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.10.2025, ALONG WITH WP(C).11161/2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2025:KER:77098
WP(C) NO.9379 & 11161 OF 2025
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 16TH DAY OF OCTOBER 2025 / 24TH ASWINA, 1947
WP(C) NO. 11161 OF 2025
PETITIONER/S:
ROBINSON D.,
AGED 47 YEARS
S/O. DAVID, DAVID VILLA, MAYYANAD, KOLLAM,
KERALA, INDIA, PIN - 691303
BY ADVS.
SHRI.AKHIL SURESH
SMT.KALLIYANI KRISHNA B.
SHRI.AMRITH M.J.
SMT.ISABELL MANOJ
SHRI.RAHUL T.
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY,
DEPARTMENT OF TAXES, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 EXCISE COMMISSIONER,
OFFICE OF THE COMMISSIONER OF EXCISE, VIKAS
BHAVAN, THIRUVANANTHAPURAM, PIN - 695033
3 DEPUTY COMMISSIONER OF EXCISE,
KOLLAM EXCISE RANGE OFFICE, CHINNAKKADA, KOLLAM,
PIN - 691001
2025:KER:77098
WP(C) NO.9379 & 11161 OF 2025
3
4 EXCISE CIRCLE INSPECTOR,
KARICODE, PEROOR, KOTTAMKARA, KOLLAM, PIN -
691004
SRI.SREEJITH V.S, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.10.2025, ALONG WITH WP(C).9379/2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2025:KER:77098
WP(C) NO.9379 & 11161 OF 2025
4
JUDGMENT
WP(C) No.9379 of 2025 is filed by the licensee, and WP(C)
No.11161 of 2025 is filed by the Manager, both challenging Ext.P5
proceedings of the Excise Commissioner, alleging violation of Section
56(b) of the Kerala Abkari Act and Rule 34 of the Foreign Liquor
Rules, 1953. It was alleged that the petitioners sold liquor outside the
premises and had violated Rule 34 of the Foreign Liquor Rules.
2. Against Ext.P5, the petitioners have an adequate, efficacious
statutory remedy under Rule 40 of the Foreign Liquor Rules. If the
petitioner prefers a revision within two weeks from today, before the
Government, the same shall be considered and orders passed on
merits.
3. This Court had granted an interim order in WP(C) No.9379 of
2025 on 14.03.2025, which directed the petitioner to remit a sum of
Rs. 30,000/- (Rupees thirty thousand only), which has been complied
with.
2025:KER:77098
WP(C) NO.9379 & 11161 OF 2025
4. If a revision is filed within the time granted by this Court,
the same shall be considered by the Government, with notice to the
petitioners, and orders passed on merits within three months. All
the contentions of the petitioners are left open.
The writ petitions are disposed of, as above.
SD/-
MOHAMMED NIAS C.P.,
JUDGE
JJ
2025:KER:77098
WP(C) NO.9379 & 11161 OF 2025
APPENDIX OF WP(C) 9379/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE FL-11 LICENSE NO.
KLM- 6/2024-25 DATED 31/03/2024
Exhibit P2 A TRUE COPY OF THE CRIME AND OCCURRENCE
REPORT NO. 113/2024 DATED 16-09-2024
Exhibit P3 A COPY OF THE NOTICE DATED 16/09/2024
Exhibit P4 A COPY OF THE HEARING NOTICE DATED
17/12/2024
Exhibit P5 A TRUE COPY OF THE PROCEEDINGS NO.
EXC/4860/2024-XC7 DATED 27.12.2024
Exhibit P6 A TRUE COPY OF THE REQUEST SUBMITTED TO
THE EXCISE COMMISSIONER DATED
27.12.2024
Exhibit P7 A TRUE COPY OF THE REQUEST DATED
05.02.2025 SUBMITTED TO THE SECRETARY,
TAX DEPARTMENT IS ANNEXED
Exhibit P8 A TRUE COPY OF THE PAY -IN SLIP WITH
CRN NO. KL04203917920242534 DATED
25.03.2025 AND RECEIPT
Exhibit P9 TRUE COPY OF THE REVISION APPLICATION
Exhibit P10 TRUE COPY OF THE POSTAL RECEIPT DATED
26.03.2025
Exhibit P11 TRUE COPY OF THE CONSIGNMENT TRACKING
OF INDIA POST DATED 27.03.2025
2025:KER:77098
WP(C) NO.9379 & 11161 OF 2025
APPENDIX OF WP(C) 11161/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE FL-11 LICENSE NO.
KLM-6/2024-25 DATED 31/03/2024
Exhibit P2 A TRUE COPY OF THE CRIME AND OCCURRENCE
REPORT NO. 113/2024 DATED 16/09/2024
Exhibit P3 A COPY OF THE NOTICE DATED 16/09/2024
Exhibit P4 A COPY OF THE HEARING NOTICE DATED
17/12/2024
Exhibit P5 A TRUE COPY OF THE PROCEEDINGS NO.
EXC/4860/2024- XC7 DATED 27/12/2024
Exhibit P6 A TRUE COPY OF THE REQUEST SUBMITTED TO
THE EXCISE COMMISSIONER DATED NIL
Exhibit P7 A TRUE COPY OF THE REQUEST DATED
05.02.2025 SUBMITTED TO THE SECRETARY,
TAX DEPARTMENT
Exhibit P8 A TRUE COPY OF THE PAY - IN SLIP WITH
CRN NO. KL042039179202425M DATED
25.03.2025 AND RECEIPT
Exhibit P9 TRUE COPY OF THE REVISION APPLICATION
DATED 26.03.2025
Exhibit P10 THE POSTAL RECEIPT DATED 26.03.2025
Exhibit P11 THE CONSIGNMENT TRACKING OF INDIA POST
DATED 27.03.2025
