Writ petition regarding hotel license renewal. Court directed government to consider and dispose of a revision petition within 45 days without deciding merits.
Petitioner to submit revision petition (Ext.P11) for disposal by government within 45 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN
MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931
WP(C).No. 10244 of 2009(A)
PETITIONER(S):
S. MANGALAN, HOTEL VARKALA PARK INTERNATIONAL,STATION ROAD, VARKALA-695141.
BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.S.SHYAM PRASANTH
RESPONDENT(S):
PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA, TAXES DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM.
ADV. SRI.M.G.KARTHIKEYAN FOR R4
SRI.NIREESH MATHEW FOR R4 BY GP K R DEEPA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX(WP(C) 10244/2009)
PETITIONER'S EXTS.
| EXT.P1 | TRUE COPY O F LICENSE TO PETITIONER'S HOTEL/RESTAURANT HAVING THREE STAR CLASSIFICATION RENEWED UPTO 31.3.2009. |
|---|---|
| EXT.P2 | TRUE COPY OF LEASE DEED EXECUTED ON 24.1.2008 BY THE PETITIONER IN FAVOUR OF 4TH RESPONDENT. |
| EXT.P3 | TRUE COPY OF LEASE DEED EXECUTED ON 25.12.2008 BY THE PETITIONER IN FAVOUR OF R4. |
| EXT.P4 | TRUE COPY OF RELEVANT EXTRACT OF INCOME TAX RETURNS FOR THE YEAR 2007-2008. |
| EXT.P5 | TRUE COPY OF RELEVANT EXTRACT OF INCOME TAX RETURNS FOR THE YEAR 2008-2009. |
| EXT.P6 | TRUE COPY OF ANNUAL RETURN FOR THE YEAR 2007-2008 IN RESPECT OF PETITIONER'S HOTEL. |
| EXT.P7 | TRUE COPY OF MONTHLY RETURN FOR JANUARY, 2009 OF PETITIONER'S HOTEL DTD. 16.2.2009. |
| EXT.P8 | TRUE COPY OF MONTHLY RETURN FOR FEBRUARY, 2009 OF PETITIONER'S HOTEL DTD. 6.3.2009. |
| EXT.P9 | TRUE COPY OF OBJECTION FILED BY THE PETITIONER TO 2ND RESPONDENT THROUGH 3RD RESPONDENT WITH COPY TO R1 ON 21.3.2009. |
| EXT.P10 | TRUE COPY OF ORDER NO.XC7-30256/97/R.DIS DATED 18.3.2009 ISSUED BY R1. |
| EXT.P11 | TRUE COPY OF REVISION PETITION DTD. 6.4.2009 FILED BY THE PETITIONER BEFORE THE GOVERNMENT. |
lgk
THOTTATHIL B RADHAKRISHNAN, J
........................................... WP(C).NO. 10244 OF 2009 & IA 6144 OF 2009
DATED THIS THE 1ST DAY OF JUNE, 2009
JUDGMENT
This matter relates to the renewal of an Abkari license in relation to a foreign liquor shop. It is stated that even before the matter was considered on 30.3.2009, Ext.P10 order was issued and the petitioner has now filed Ext.P11 revision before the government. Accordingly, without expressing anything on merits and leaving open all contentions, this writ petition and the I.A are ordered directing that Ext.P11 be taken up, considered and disposed of by the government, in accordance with law, within a period of 45 days from today. All other issues left open.
THOTTATHIL B RADHAKRISHNAN, JUDGE
lgk/2/6
S. Mangalan
State of Kerala
Thottathil B Radhakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
