Disposed
Pradeep K.K v. State of Kerala
Kerala HCWP(C)/2904/2018
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HIGH COURT OF KERALA AT ERNAKULAM PRESENT:…
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY, THE 8TH DAY OF FEBRUARY 2018 / 19TH MAGHA, 1939
WP(C).No. 2904 of 2018
PETITIONERS
----------1 PRADEEP K.K., AGED 45 YEARS, S/O. LATE RAGHAVAN NAMBIAR, MANAGING DIRECTOR, "SNEHA INN" HOTEL BAKKALAM KANOOL P.O, TALIPARAMBA, KANNUR DISTRICT.
2 JOLSNA SADANANDAN DIRECTOR,"SNEHA INN" HOTEL BAKKALAM, KANOOL P.O, TALIPARAMBA, KANNUR DISTRICT.
BY ADVS.SRI.ANOOP.V.NAIR SRI.V.K.SREEJITH SRI.M.V.SURESH (KANNUR) SRI.V.MANOJKUMAR SMT.M.SRUTHI DAS
RESPONDENTS:
--------------------1. THE STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT, TAXES & EXCISE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001
2. THE EXCISE COMMISSIONER EXCISE HEADQUARTERS, NANDAVANAM VIKAS BHAVAN P.O, THIRUVANANTHAPURAM 695 001
3. THE DEPUTY COMMISSIONER OF EXCISE EXCISE OFFICER, KANNUR 670 002
4. THE DEPUTY COMMISSIONER OF EXCISE(ABKARI) EXCISE COMMISSIONERATE, THIRUVANANTHAPURAM 695 001
5. THE CIRCLE INSPECTOR OF EXCISE EXCISE CIRCLE OFFICE, TALIPARAMBA 670 501
BY SR GOVERNMENT PLEADER SMT.C.S. SHEEJA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sdr/-
WP(C).No. 2904 of 2018 (K)
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LEASE AGREEMENT ENTERED UPON BETWEEN THE PETITIONERS AND MR.KRISHNAN T.V EXHIBIT P2 TRUE COPY OF THE CERTIFICATE ISSUED BY THE MINISTRY OF TOURISM, CLASSIFIED AS 3 STAR HOTEL EXHIBIT P3 TRUE COPY OF THE FIRST APPLICATION SUBMITTED BY THE PETITIONERS CONSIDERED BY THE RESPONDENTS 2 TO 5 EXHIBIT P4 TRUE COPY OF THE SECOND APPLICATION SUBMITTED BY THE PETITIONERS, ACCEPTED BY THE DEPARTMENT OF EXCISE ON 17-11-2017 EXHIBIT P5 TRUE COPY OF THE TRACK APPLICATION STATUS IN RESPECT OF THE PETITIONER'S APPLICATION FOR FL-3 LICENCE, DATED 01-01-2018
RESPONDENTS EXHIBITS NIL
/TRUE COPY/
sdr/- PA TO JUDGE
ANIL K. NARENDRAN, J.
W.P(C) No.2904 of 2018
Dated this the 8th day of February, 2018
J U D G M E N T
The petitioners, who are stated to be the Managing Director and Director respectively of M/s.Jyothis Associate Pvt.Ltd., who have entered into Ext.P1 lease agreement dated 14.9.2017 in respect of 3 star hotel “Sneha Inn” at Thaliparamba, is before this Court in this writ petition seeking a writ of mandamus commanding respondents 1, 2 and 4 to grant FL-3 licence based on Ext.P4 application dated 17.11.2017 submitted before the 2nd respondent Excise Commissioner through the 3rd respondent Deputy Commissioner of Excise, Kannur. The petitioners have also sought for other consequential reliefs.
W.P(C) No.2904 of 2018 2
instruction would submit that Ext.P4 application made by the petitioners is now pending consideration before the 1st respondent and that the 1st respondent shall take an appropriate decision on the said application within a time limit to be fixed by this Court.
It is made clear that this Court has not expressed anything on the merits of the claim made by the petitioners in Ext.P4 and it is for respondents 1 and 2 to take an appropriate decision, strictly in accordance with law.
ANIL K. NARENDRAN JUDGE
ab
Pradeep K.K.
Jolsna Sadananan
State of Kerala
Excise Commissioner
Deputy Commissioner of Excise
Deputy Commissioner of Excise(ABKARI)
Anil K. Narenndran
As recorded by the court registry
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