This judgment is a short order disposing of writ petitions challenging excise circulars and notices. The Court granted leave to file a representation by the petitioner for hearing and did not decide the merits of the petitions.
Allow representation; Respondent to act within two months; interim order continues.
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 B.P.RAY
FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933
WP(C).No. 25526 of 2005(L)
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PETITIONER(S):
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EMPEE DISTILLERIES LTD., NEW INDUSTRIAL DEVELOPMENT AREA, KANCHIKODE P.O., PALAKKAD-678 521, REPRESENTED BY ITS DEPUTY GENERAL MANAGER(ADMN).
BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE
RESPONDENT(S):
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1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, EXCISE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2. THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM.
3. THE EXCISE INSPECTOR, EMPEE DISTILLERIES LTD., KANJIKODE.
BY GOVERNMENT PLEADER SRI.P.M.SANEER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/11/2011 ALONG WITH WP(C) NO.21051 OF 2005 & CONNETED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
VK
WP(C).No. 25526 of 2005(L)
APPENDIX
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PETITIONER'S EXHIBITS
EXT.P1. COPY OF THE ORDER NO.X C3-6600/99 DATED 21.6.1999 ISSUED BY THE 2ND RESPONDENT.
EXT.P2. COPY OF THE ORDER NO.XFE3-16496/02 FIN DT. 17.8.2002 ISSUED BY THE 2ND RESPONDENT.
EXT.P3. COPY OF THE STATEMENT SHOWING THE BILLS OF BEING CONTRIBUTION, LEAVE SALARY FROM 7/99 TO 6/2005 BY THE PETITIONER'S DISTILLERY.
EXT.P4. COPY OF THE ORDER NO.XE1-1614/2005 DATED 23.5.2005 ISSUED BY THE 2ND RESPONDENT.
EXT.P5. COPY OF NOTICE DATED 28.7.2005 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DISTILLERY.
ANNEXURE A1. COPY OF THE COMMUNICATION ISSUED BY 3RD RESPONDENT TO THE PETITIONER DATED 20.7.2011.
ANNEXURE A2. COPY OF THE COMMUNICATION DT. 9.11.11 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT.
RESPONDENT'S EXHIBITS :NIL
/ TRUE COPY /
P.A. TO JUDGE
VK
B.P.RAY, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)Nos.25526, 21045, 21051 & 23550 OF 2005
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of November, 2011
JUDGMENT
Heard learned counsel for the petitioners and the learned Government Pleader.
Writ petitions are disposed of.
B.P.RAY, JUDGE
jes
1 issue framed by the court
Whether the petitioners shall file a representation with the Secretary to Government, Excise Department regarding grievances over establishment charges.
Empee Distilleries Ltd.
State of Kerala
The Excise Commissioner, Thiruvananthapuram
The Excise Inspector, Empee Distilleries Ltd., Kanjikode
B. P. Ray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
