Disposed
Kerala State Beverages v. State of Kerala
Kerala HCWP(C)/19720/2016
Case brief
from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT: THE…
What the court decided
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 8TH DAY OF JUNE 2016/18TH JYAISHTA, 1938
WP(C).No. 19720 of 2016 (L) ----------------------------
PETITIONER(S):
KERALA STATE BEVERAGES (MANUFACTURING & MARKETING) CORPORATION LTD., P.B.NO.2263, SASTHAKRIPA OFFICE COMPLEX, SASTHAMANGALAM P.O., THIRUVANANTHAPURAM - 695 010. REP. BY ITS REGIONAL MANAGER, ERNAKULAM MR. MOHANAN
BY ADV. SRI.C.S.AJITH PRAKASH
RESPONDENT(S):
1. STATE OF KERALA REP.BY THE SECRETARY, LOCAL SELF GOVT. DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695 001
2. THE MUNCIPAL COUNCIL KOTHAMANGALAM MUNICIPALITY KOTHAMANGALAM,686 691 REP. BY ITS SECRETARY.
3. THE SECRETARY KOTHAMANGALAM MUNICIPALITY, KOTHAMANGALAM - 686 691
R1 BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR R2 & R3 BY ADV.SRI.PEEYUS A.KOTTAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 19720 of 2016 (L)
APPENDIX
PETITIONER(S)' EXHIBITS
| --------- EXT.P1 |
-------------- COPY OF THE |
EXCISE LICENCE ISSUED BY THE EXCISE DEPARTMENT |
|---|---|---|
| EXT.P2 | COPY OF THE | D& O LICENCE FOR THE PERIOD 2003-04 |
| EXT.P3 | COPY OF THE | JUDGMENT DATED 25.10.2011 IN W.A. NO.628/2010 |
| EXT.P4 | COPY OF THE NOS.26585/20 |
JUDGMENT DATED 8.4.2014 IN WP(C) 13 AND 10079/2014 |
| EXT.P5 | COPY OF THE | ORDER NO.H 9349 OF 2012 DATED 10.06.2014 |
| EXT.P6 | COPY OF THE | INTERIM ORDER DATED 4.7.2014 |
| EXT.P7 | THE RECEIPT DATED 20.03. |
ISSUED FROM THE COUNTER OF THE MUNICIPALITY 2015 |
| EXT.P8 | COPY OF THE ACCEPTANCE O |
RECEIPT ISSUED BY THE MUNICIPALITY EVIDENCING F TRADE LICENCE APPLICATION DATED 29.02.2016 |
| EXT.P9 | COPY OF THE | ORDER NO.E4-1067/16 DATED 16.03.2016 |
| EXT.P10 | COPY OF THE | ORDER NO.H1-9349/2012 DATED 21.3.2016 |
| EXT.P11 | COPY OF THE SUBMITTED BE |
D& O LICENCE APPLICATION DATED 30.03.2016 FORE THE 2ND RESPONDENT MUNICIPALITY |
| EXT.P12 | COPY OF THE 1.04.2016 |
JUDGMENT IN WP(C) NO.12752 OF 2016 DATED |
| EXT.P13 | COPY OF THE | NOTICE NO.H1-19349/12 DATED 23.05.2016 |
| EXT.P14 | COPY OF THE | COUNCIL DECISION NO.11 DATED 23.05.2016 |
| EXT.P15 | COPY OF THE 21.06.2012 |
JUDGMENT IN W.A. NO.1143 OF 2012 DATED |
RESPONDENT(S)' EXHIBITS NIL
//TRUE COPY//
PA TO JUDGE
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K. VINOD CHANDRAN, J.
W.P.(C) No. 19720 of 2016 (L)
Dated: 8th June, 2016
J U D G M E N T
The petitioner is concerned with Ext.P14 order
passed, which is said to be in total violation of the principles of natural justice and in violation of Ext.P12 judgment.
aside on the ground of the petitioner having not been heard, without looking into the merits of the matter. The petitioner shall appear before the Secretary of the
W.P.(C) No. 19720/2016
-2-
respondent Municipality on 15.06.2016 and either on that day or on any notified day, for which acknowledgement shall be personally received from the petitioner, the hearing shall be conducted and a decision taken within 15 days of the date of hearing. Till then, the business shall be allowed to be continued. The writ petition is disposed of.
Sd/K.VINOD CHANDRAN, JUDGE
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Kerala State Beverages (Manufacturing & Marketing) Corporation Ltd.
The Municipality Kothamangalam
K. VINOD CHANDRAN, J.
As recorded by the court registry
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