Disposed

Varangode Anti Bar Action Committee v. Commissioner of Excise

Kerala HC9 Nov 2009WP(C)/31822/2009

Case brief

AI extract

What is this about?

The Court disposed of a PIL alleging a Bar Hotel was conducted in violation of anti-bar provisions. It directed the Commissioner of Excise to consider the complaint strictly on merit, affording a hearing to represented parties, and pass appropriate orders within one month.

What did the court decide?

Direction to the Commissioner of Excise to consider the representation Ext.P6, pass orders on merits after hearing, and conclude within one month.

Varangode Anti Bar Action Committee Vs… — Public Procurement and Tenders | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH &

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THE HONOURABLE MR. JUSTICE A.K.BASHEER

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MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931

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WP(C).No. 31822 of 2009(S)

PETITIONER:

VARANGODE ANTI-BAR ACTION COMMITTEE, P.M.S. BUILDING, DOWN HILL P.O., MALAPPURAM, REPRESENTED BY ITS GENERAL CONVENER, BASHEER MACHINGAL, S/O. LATE MACHINGAL MUHAMMED MUSALIAR, MACHINGAL, MELMURI P.O., MALAPPURAM DISTRICT.

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BY ADV. SRI.K.A.JALEEL

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RESPONDENTS:

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COMMISSIONER OF EXCISE, OFFICE OF THE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM.

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K.P. HARIDAS, S/O. BALAKRISHNAN NAIR, 'SREEHARI', KAVUNGAL, MALAPPURAM DISTRICT, LICENSEE, HOTEL ERNAD INN, VARANGODE, DOWN HILL P.O., PIN - 676 519.

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R1 BY SENIOR GOVT. PLEADER, SMT. K. MEERA.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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S.R. Bannurmath, C.J. & A.K. Basheer, J.

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- - - - W.P.(C) No. 31822 OF 2009

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- - - - Dated this the 9^th day of November, 2009

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JUDGMENT

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Basheer, J.

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In this Public Interest Litigation the grievance of the petitioner Committee is that a Bar Hotel is being conducted by respondent No.2 at Varangode, Malappuram in violation of the provisions contained in the Kerala Abkari Shops Disposal Rules, 2002 and other allied Rules/Regulations.

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Any how, we do not propose to refer to the various contentions raised by the petitioner in the Writ Petition, since the learned counsel submits that the petitioner will be satisfied if a direction is issued to respondent No.1 to take appropriate action in the matter after considering Ext.P6 representation in which the petitioner has highlighted all the relevant aspects of the issue.

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Learned Government Pleader who takes notice for respondent No.1 submits that if there is any substance in the allegations made by the petitioner, against the conduct of the

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WP(C) No.31822 of 2009

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-:2:-

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Bar Hotel, that will be looked into and appropriate action will be taken, in accordance with law, without any delay.

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In the above facts and circumstances, we do not deem it necessary to issue notice to respondent No.2, since even otherwise the interest of the said respondent can be protected.

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Therefore, the Writ Petition is disposed of with a direction to respondent No.1 to consider and pass orders on Ext.P6 strictly on its merit and in accordance with law, after affording sufficient opportunity of hearing to an authorised representative of the petitioner Committee and respondent No.2. Respondent No.1 shall pass appropriate orders on Ext.P6 as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment.

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S.R. Bannurmath, Chief Justice.

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A.K. Basheer, Judge.

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ttb

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WP(C) No.31822 of 2009

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-:3:-

Varangode Anti Bar Action Committee v. Commissioner of Excise

Case brief

What is this about?

What did the court decide?

Varangode Anti Bar Action Committee v. Commissioner of Excise

Case brief

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