Disposed

Anup Kumar v. the Excise Commissioner

Kerala HC1 Mar 2018WP(C)/5348/2018

Case brief

AI extract

What is this about?

The Kerala High Court disposed of a writ petition seeking mandamus to direct the Excise Commissioner to consider a delayed application for an FL-3 licence for a hotel. The Court directed the authority to pass orders within three weeks after hearing.

What did the court decide?

Writ petition disposed; respondent directed to consider application for FL-3 licence and pass orders within three weeks after hearing.

Anup Kumar Vs the Excise Commissioner — Service and Employment | Kerala HC (2018)

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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 ANIL K.NARENDRAN THURSDAY, THE 1ST DAY OF MARCH 2018 / 10TH PHALGUNA, 1939

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WP(C).No. 5348 of 2018

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PETITIONER(S)

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ANUP KUMAR, S/O AYYAPPAN PILLAI, VAISHNAVIYIL HOUSE, 208, GIRINAGAR, KADAVANTHRA, KOCHI.20

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BY ADVS.SRI.S.SREEKUMAR (SR.) SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA

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RESPONDENT(S):

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THE EXCISE COMMISSIONER, STATE OF KERALA, THIRUVANANTHAPURAM.695001.

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BY SENIOR GOVERNMENT PLEADER SMT.C.S.SHEEJA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 5348 of 2018 (P)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF REPRESENTATION DATED 21.10.2017 SUBMITTED BY THE PETITIONER FOR FL-3 LICENSE BEFORE THE RESPONDENT. EXHIBIT P2 TRUE COPY OF CIRCULAR DATED 20.1.1996 ISSUED BY THE GOVERNMENT. EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WP(C) NO.34672 OF 2016 DATED 9.5.2017 OF THIS HON'BLE COURT. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 29.1.2018 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT TO DISPOSE OF EXHIBIT P1.

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RESPONDENT(S)' EXHIBITS - NIL

/TRUE COPY/

PS TO JUDGE

03/03/2018

ANIL K.NARENDRAN, J.

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----------------------------------------------- W.P.(C).No.5348 of 2018

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Dated this the 1^st day of March, 2018

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J U D G M E N T

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The petitioner, who made Ext.P1 application for FL-3 licence in respect of his hotel by name Edayarackal Residency at Neyyattinkara, has approached this Court in this writ petition seeking a writ of mandamus commanding the respondent Excise Commissioner to consider and pass appropriate orders on Ext.P1 application, after considering Exts.P2 to P4 and after affording him an opportunity of being heard, within a time limit to be fixed by this Court.

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On 16.02.2018, when this writ petition came up for admission, the learned Government Pleader was directed to get instructions.

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Heard the learned counsel for the petitioner and also the learned Senior Government Pleader appearing for the respondent.

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The learned Senior Government Pleader on instructions would submit that Ext.P1 application made by the petitioner is now pending consideration before the respondent Excise Commissioner and the said respondent shall consider the same and pass appropriate orders thereon, within a period of three weeks from this date.

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In such circumstances, without going into the merits of the contentions raised in this writ petition, the same is disposed of by

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W.P.(C)No.5348 of 2018

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:-2-:

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directing the respondent to consider and pass appropriate orders on Ext.P1 application for FL-3 licence, strictly in accordance with law, with notice to the petitioner and after affording him an opportunity of being heard.

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All legal contentions raised by the petitioner in this writ petition are left open to be raised before the respondent at appropriate time.

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Sd/-

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ANIL K.NARENDRAN JUDGE

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AV/2/3

Anup Kumar v. the Excise Commissioner

Case brief

What is this about?

What did the court decide?

Anup Kumar v. the Excise Commissioner

Case brief

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