Disposed

M/S.Devicolam Distilleries Ltd. v. State of Kerala

Kerala HC18 Nov 2011WP(C)/26384/2005

Case brief

AI extract

What is this about?

Petitioner challenged a circular and demand notice. The court directed the petitioner to make a representation to the first respondent within one month, with disposal expected within two months after hearing. The court expressly reserved its opinion on the merits.

What did the court decide?

Petitioner to make a representation to the first respondent within one month; disposal within two months after hearing.

M/S.Devicolam Distilleries Ltd. Vs State of Kerala — Kerala HC (2011) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933

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WP(C).No. 26384 of 2005(N)

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--------------------------

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PETITIONERS:

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---------------

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M/S.DEVICOLAM DISTILLERIES LTD., REGISTERED OFFICE AT 9/764, PARAKKAMUGAL,KUSUMAGIRI POST, KAKKANAD,KOCHI-682 030, REPRESENTED BY ITS DULY AUTHORISED POWER OF ATTORNEY,MR.P.C.UNNIKRISHNAN.

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BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE

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RESPONDENT(S):

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--------------------

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1. STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT,EXCISE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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2. THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM.

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3. THE EXCISE INSPECTOR, DEVICOLAM DISTILLERIES LTD., KAKKANAD,KOCHI-682 030.

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BY GOVERNMENT PLEADER SRI.NOUSHAD THOTTATHIL

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 26384 of 2005(N)

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APPENDIX

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PETITIONER'S EXHIBITS

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EXT.P1. COPY OF THE ORDER NO.XC-3-6600/99 DATED 21.6.1999 ISSUED BY THE 2ND RESPONDENT.

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EXT.P2. COPY OF THE ORDER NO.XFE3-16496/02/FIN. DATED 17/8/2002 ISSUED BY THE 2ND RESPONDENT.

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EXT.P3. COPY of the STATEMENT SHOWING THE BILLS OF BEING PENSION CONTRIBUTION AND LEAVE SALARY BY THE PETITIONER'S DISTILLERY.

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EXT.P4 COPY OF ORDER NO.XE1-1614/2005 DATED 23.5.2005 ISSUED BY THE 2ND RESPONDENT.

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EXT.P5. COPY OF NOTICE DATED 11.8.2005 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DISTILLERY.

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RESPONDENT'S EXHIBITS : NIL

/ TRUE COPY /

P.A. TO JUDGE

B.P.RAY, J.

- - - - - - - - - - - - - - - - - - -- - - - - - - - - - - W.P.(C)No.26384 of 2005

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18^th day of November, 2011.

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JUDGMENT

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Heard learned counsel for the petitioner and the learned Government Pleader.

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Petitioner challenges the circular issued by the Commissioner of Excise and the demand notice made by the Inspector of Excise.

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Learned Government Pleader submitted that the petitioner has paid the establishment charges as demanded from time to time.

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Learned counsel for the petitioner submits that the said amount has been paid on protest, since the writ petition is pending. Let the petitioner make a representation highlighting its grievances before the first respondent. If such a representation is made within one month from today, the first respondent shall dispose of the same within two months thereafter after giving an opportunity of hearing to the petitioner. I have not expressed any opinion on the merits of the writ petition. Interim order shall continue till the disposal of this case by the Government.

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This writ petition is disposed of as above.

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M/S.Devicolam Distilleries Ltd. v. State of Kerala

Case brief

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M/S.Devicolam Distilleries Ltd. v. State of Kerala

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