The High Court of Kerala dismissed two writ petitions (WP(C).10839/2020 and WP(C).10501/2020) filed by a hotel firm against excise authorities as not pressed following a memo filed by the petitioner, allowing the respondents to apply for withdrawal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 09TH DAY OF SEPTEMBER 2020 / 18TH BHADRA, 1942
WP(C).No.10839 OF 2020(D)
PETITIONER:
M/S QUEENS HOTEL, ANNIE HALL ROAD, KOZHIKODE, REPRESENTED BY ITS MANAGING PARTNER, K.T.JOSEPH, AGED 62 YEARS, S/O.K.M.THOMAS(LATE)
BY ADVS. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW
RESPONDENTS:
3 THE CIRCLE INSPECTOR OF EXCISE, EXCISE CIRCLE OFFICE, KOZHIKODE, PIN-673001
4 K.T.MATHEW, AGED 63 YEARS, S/O.K.M.THOMAS, KATTIVEETTIL HOUSE, PERAVOOR ROAD, IRITTY, KANNUR DISTRICT, PIN-670703
R4 BY ADV. SRI.ABDUL RAOOF PALLIPATH R4 BY ADV. SRI.K.R.AVINASH (KUNNATH)
SRI K.P HARISH, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.09.2020, ALONG WITH WP(C).10501/2020(K), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).10839/2020 and WP(C).10501/2020 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 09TH DAY OF SEPTEMBER 2020 / 18TH BHADRA, 1942
WP(C).No.10501 OF 2020(K)
PETITIONER:
M/S QUEENS HOTEL ANNIE HALL ROAD, KOZHIKODE, REPRESENTED BY ITS MANAGING PARTNER, K.T. JOSEPH, AGED 62 YEARS, S/O. K.M. THOMAS (LATE)
BY ADVS.
SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW
RESPONDENTS:
1 THE EXCISE COMMISSIONER COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM-695033.
2 THE DEPUTY COMMISSIONER OF EXCISE, KOZHIKODE, PIN-673001.
AGED 63 YEARS
S/O.K.M. THOMAS, KATTIVEETTIL HOUSE, PERAVOOR ROAD, IRITTY, KANNUR DISTRICT, PIN-670703.
R4 BY ADV. SRI.K.R.AVINASH (KUNNATH) R4 BY ADV. SRI.ABDUL RAOOF PALLIPATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.09.2020, ALONG WITH WP(C).10839/2020(D), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).10839/2020 and WP(C).10501/2020 3
JUDGMENT
~~~~~~~~
In view of the memo filed by the petitioner dated 19.08.2020, these
writ petitions are dismissed as not pressed.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
DSV/9.9.2020.
WP(C).10839/2020 and WP(C).10501/2020 4
APPENDIX OF WP(C) 10839/2020
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | PHOTOCOPY OF THE DEED OF PARTNERSHIP DATED 30.11.2006 OF THE PETITIONER FIRM |
|---|---|
| EXHIBIT P2 | PHOTOCOPY OF THE FL-3 LICENSE ISSUED BY THE EXCISE COMMISSIONER |
| EXHIBIT P3 | PHOTOCOPY OF THE FL-3 LICENSE RENEWAL CERTIFICATE DATED 29.03.2019 |
| EXHIBIT P4 | PHOTOCOPY OF THE APPLICATION DATED 21.11.2016 SUBMITTED TOT HE 1ST RESPONDENT |
| EXHIBIT P5 | PHOTOCOPY OF THE APPLICATION DATED 16.09.2019SUBMITTED TOT HE 1ST RESPONDENT |
| EXHIBIT P6 | PHOTOCOPY OF THE JUDGMENT DATED 22.11.2019 IN WP(C)NO.30864/2019 PASSED BY THIS HON'BLE COURT |
| EXHIBIT P7 | PHOTOCOPY OF THE JUDGMENT DATED 25.02.2020 IN WP(C)NO.456/2020 PASSED BY THIS HON'BLE COURT |
| EXHIBIT P8 | PHOTOCOPY OF THE E-MAIL REQUEST DATED 25.04.2020 FOR CONDUCTING THE HEARING THROUGH VIDEO CONFERENCING SENT TO THE 1ST RESPONDENT |
| EXHIBIT P9 | PHOTOCOPY OF THE ARGUMENT NOTE 13.05.2020 SENT TO THE 1ST RESPONDENT |
| EXHIBIT P10 | PHOTOCOPY OF THE REQUEST DATED 16.05.20 SENT TO THE 1ST RESPONDENT BY E-MAIL |
| EXHIBIT P11 | PHOTOCOPY OF THE APPLICATION ACKNOWLEDGMENT DATED 08.04.2020 |
| EXHIBIT P12 | PHOTOCOPY OF THE ORDER REJECTING EXT.P11 APPLICATION ACKNOWLEDGMENT TAKEN FROM THE WEBSITE |
| EXHIBIT P13 | PHOTOCOPY OF THE DECISION SURESH BABU V.S STATE OF KERALA AND OTHERS REPORTED IN 2000 KHC 299 |
| EXHIBIT P14 | PHOTOCOPY OF THE POWER ATTORNEY DATED 09.12.2016 EXECUTED BY SRI.K.J BABY IN |
WP(C).10839/2020 and WP(C).10501/2020 5
FAVOUR OF SRI.K.T.JOSEPH
EXHIBIT P15 PHOTOCOPY OF THE LETTER DATED 06.11.2019 SENT BY SRI.K.J.BABY OF THE CI OF EXCISE, KOZHIKODE
WP(C).10839/2020 and WP(C).10501/2020 6
APPENDIX OF WP(C) 10501/2020
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | PHOTOCOPY OF THE DEED OF PARTNERSHIP DATED 30.11.2006 OF THE PETITIONER FIRM |
|---|---|
| EXHIBIT P2 | PHOTOCOPY OF THE FL-3 LICENSE ISSUED BY THE EXCISE COMMISSIONER. |
| EXHIBIT P3 | PHOTOCOPY OF THE FL-3 LICENSE RENEWAL CERTIFICATE DATED 29.03.2019. |
| EXHIBIT P4 | PHOTOCOPY OF THE APPLICATION DATED 21.11.2016 SUBMITTED TO THE 1ST RESPONDENT. |
| EXHIBIT P5 | PHOTOCOPY OF THE APPLICATION DATED 16.09.2019 SUBMITTED TO THE 1ST RESPONDENT. |
| EXHIBIT P6 | PHOTOCOPY OF THE JUDGMENT DATED 22.11.2019 IN WP(C) NO. 30864/2019 PASSED BY THIS HON'BLE COURT. |
| EXHIBIT P7 | PHOTOCOPY OF THE JUDGMENT DATED 25.02.2020 IN WP(C) NO. 456/2020 PASSED BY THIS HON'BLE COURT. |
| EXHIBIT P8 | PHOTOCOPY OF THE E-MAIL REQUEST DATED 25.04.2020 FOR CONDUCTING THE HEARING THROUGH VIDEO CONFERENCING SENT TO THE 1ST RESPONDENT. |
| EXHIBIT P9 | PHOTOCOPY OF THE ARGUMENT NOTE 13.05.2020 SENT TO THE 1ST RESPONDENT. |
| EXHIBIT P10 | PHOTOCOPY OF THE REQUEST DATED 16.05.200 SENT TO THE 1ST RESPONDENT BY E-MAIL. |
| EXHIBIT P11 | PHOTOCOPY OF THE COVERING LETTER DATED 03.03.2020 SENT TO THE 1ST RESPONDENT. |
| EXHIBIT P12 | PHOTOCOPY OF THE DECISION SURESH BABU VS. STATE OF KERALA AND OTHERS REPORTED IN 2000 KHC 299 |
| EXHIBIT P13 | PHOTOCOPY OF THE POWER ATTORNEY DATED 09.12.2016 EXECUTED BY SRI.K.J BABY IN FAVOUR OF SRI.K. I JOSEPH. |
WP(C).10839/2020 and WP(C).10501/2020 7
EXHIBIT P14
PHOTOCOPY OF THE LETTER DATED 06.11.2019 SENT BY SRI K.J. BABY TO THE C I OF EXCISE, KOZHIKODE.
M/s Queens Hotel, Annie Hall Road, Kozhikode
The Excise Commissioner, Thiruvananthapuram
K.T. Mathew
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
