Disposed

V.P.Anilkumar v. the Excise Commissioner

Kerala HC17 Feb 2012WP(C)/3381/2012

Case brief

AI extract

What is this about?

This writ petition concerned the rejection of a licence holder's application for a preferential allotment of a toddy shop for the 2011-2012 period. The Court directed the Excise Commissioner to consider the petitioner's application and allot the shop within two weeks of receiving a copy of the order, subject to the result of any allotment to others.

What did the court decide?

Directed the 1st respondent to consider Ext.P3, afford a personal hearing, and decide within 2 weeks of receiving the judgment.

V.P.Anilkumar Vs the Excise Commissioner — Service and Employment | Kerala HC (2012)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM

¶4

FRIDAY, THE 17TH DAY OF FEBRUARY 2012/28TH MAGHA 1933

¶5

WP(C).No. 3381 of 2012 (W)

¶6

PETITIONER :

¶7

V.P.ANILKUMAR, AGED 42 YEARS, S/O.PREMAN, VATTAPARAMBIL HOUSE, PANANGADU DESOM, S.N PURAM VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT

¶8

BY ADVS.SRI.C.C.THOMAS (SR.) SRI.M.G. KARTHIKEYAN SRI. NIREESH MATHEW

¶9

RESPONDENT(S):

¶10

1. THE EXCISE COMMISSIONER COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM 695001

¶11

2. THE DISTRICT COLLECTOR THRISSUR 680001

¶12

3. THE DEPUTY COMMISSIONER OF EXCISE THRISSUR 685 001

¶13

R1 TO R3 BY GOVT. PLEADER SRI. MUHAMMED SHAFI M.

¶14

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

¶16

...2/-

¶17

WP(C).No. 3381 of 2012 (W)

¶18

APPENDIX

¶19

PETITIONERS' EXHIBITS :

¶20

EXT.P1 PHOTOCOPY OF THE PREFERENCE CERTIFICATE DATED 6.2.2012 ISSUED BY THE CIRCLE INSPECTOR OF EXCISE, VATANAPPALLY. EXT.P2 PHOTOCOPY OF THE APPLICATION DATED 7.2.2012 SUBMITTED BEFORE THE 2ND AND 3RD RESPONDENTS.

¶21

EXT.P3 PHOTOCOPY OF THE PETITION DATED 8.2.2012 SUBMITTED BEFORE THE 1ST RESPONDENT.

¶22

RESPONDENTS' EXHIBITS : NIL

//TRUE COPY//

P.A. TO JUDGE

C.K. ABDUL REHIM, J.

¶27

W.P.(c) No. 3381 OF 2012-W

¶28

DATED THIS THE 17^th DAY OF FEBRUARY, 2012

¶29

J U D G M E N T

¶30

The petitioner was the licencee with respect to toddy shop bearing Nos.65 to 71 in Group No.XI of Chavakkad Excise Range. Grievance is against rejection of his application for allotment of the shops for the remaining months in the year 2011-2012. It is conceded that the shops have now alloted to other persons, which according to the petitioner is by ignoring his claims for preferenceial right. Petitioner had submitted Ext.P3 request before the 1^st respondent objecting to confirmation of such allotment to a third party and for allotment of the shops in favour of the petitioner upholding the preferential right claimed.

¶31

Heard, Government Pleader appearing for the respondents. It is submitted that 1^st respondent had received Ext.P1 on 08-02-2012 and the same is pending disposal. I am of the view that interest of justice will be

¶32

W.P.(c) No. 3381/2012

¶33

-2-

¶34

served if a direction is issued to the 1^st respondent to consider and to take appropriate decision on Ext.P3.

¶35

Therefore, the writ petition is disposed of directing

¶36

the 1^st respondent to consider and to take a decision on Ext.P3 representation, after affording an opportunity of personal hearing to the petitioner, at the earliest possible, at any rate within a period of 2 weeks from the date of receipt of a copy of this judgment.

¶37

Needless to say that confirmation of the allotment if any made to any other person will be subject to result of the decision taken by the 1^st respondent on Ext.P3.

¶38

Sd/- C.K. ABDUL REHIM, JUDGE.

¶39

AMG

¶40

True copy

¶41

P.A to Judge

V.P.Anilkumar v. the Excise Commissioner

Case brief

What is this about?

What did the court decide?

V.P.Anilkumar v. the Excise Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M.George Abraham Vs Lincy Abraham

Laila Joseph Vs Mr.Reji P.Thomas

Jamaludheen V.P. Vs Marakkara Grama Panchayath

Vinil Varghese Vs the Pattuvam Grama Panchayath

St.Joseph Church Vs the District Collector

P.K.Viswanathan Vs Adat Grama Panchayath and Others