Disposed

Elite Distilleries and Beverages Company v. Theexcise Commissioner

Kerala HC22 Dec 2020WP(C)/28776/2020

Case brief

AI extract

What is this about?

High Court directed the Secretary to Local Self Government Department of Kerala to consider the petitioner's representation regarding enhanced distillery storage capacity and take a decision expeditiously within two months.

What did the court decide?

Direction to the 2nd respondent to consider the petitioner's representation and take a decision within two months with notice.

Elite Distilleries and Beverages Company Vs Theexcise… — Company and Corporate | Kerala HC (2020)

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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 RAJA VIJAYARAGHAVAN V

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TUESDAY, THE 22ND DAY OF DECEMBER 2020 / 1ST POUSHA, 1942

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WP(C).No.28776 OF 2020(V)

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PETITIONER:

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M/S ELITE DISTILLERIES AND BEVERAGES COMPANY REPRESENTED BY ITS PROPRIETOR, T.R.VIJAYAKUMAR (10/480), KIRALOOR, MUNDOOR P.O., THRISSUR, PIN - 680 541.

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BY ADV. SRI.S.SUJIN

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RESPONDENTS:

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1 THE EXCISE COMMISSIONER OFFICE OF THE COMMISSIONER FOR EXCISE, THIRUVANANTHAPURAM, PIN - 695 001.

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2 ADDITIONAL CHIEF SECRETARY(TAXES) GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN- 695 001.

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3 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

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SRI BIMAL K NATH, SR GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.28776 OF 2020

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JUDGMENT

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The petitioner states that they are running a distillery unit and is engaged in the compounding, blending and bottling of Indian Made Foreign Liquor. By Ext.P1 proceedings, the storage capacity was enhanced from 60,00,000 bulk litres to 120 lakhs bulk litres and they were operating the unit with such enhanced capacity. The petitioner states that by Ext.P6, the Excise Commissioner has ordered that the annual quota of ENA shall not exceed 60,00,000 bulk litres. Being aggrieved, the petitioner has submitted Ext.P10 representation before the 2nd respondent. Their grievance is that no action has been taken though the same was submitted as early as on 16.8.2019. Their prayer in this writ petition is for a direction to the 2nd respondent to consider Ext.P10 in an expeditious manner and take appropriate decision.

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The learned Government Pleader, on instructions, submits that

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if Ext.P10 has not been disposed of till date, the same can be expedited.

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Having regard to the facts and circumstances and the submissions made across the Bar, this writ petition is disposed of

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WP(C).No.28776 OF 2020

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directing the 2nd respondent to take up Exhibit-P10 and take a decision, as per procedure and in consonance with law, and with notice to the

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petitioner. Decision shall be taken expeditiously, at any rate, within a period of 2 months from the date of receipt of a certified copy of this judgment.

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The petitioner shall produce a copy of the writ petition along

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with the judgment before the 2nd respondent for further action.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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WP(C).No.28776 OF 2020

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE G.O.(RT) NO.177/06/TD DATED 24/03/2006. EXHIBIT P2 TRUE COPY OF THE ORDER NO.XC3-4130/2006 DATED 31/12/2010. EXHIBIT P3 TRUE COPY OF THE ORDER NO.XC3-4130/2006 DATED 26/09/2011. EXHIBIT P4 TRUE COPY OF THE LETTER DATED 30/09/2011 OF THE JOINT COMMISSIONER. EXHIBIT P5 TRUE COPY OF THE LETTER DATED 07/08/2018. EXHIBIT P6 TRUE COPY OF THE ORDER DATED 08/08/2018. EXHIBIT P7 TRUE COPY OF THE LETTER DATED 21/08/2018. EXHIBIT P8 TRUE COPY OF THE LETTER DATED 23/8/2018 OF THE GOVERNMENT. EXHIBIT P9 TRUE COPY OF A DETAILED REPRESENTATION WAS SUBMITTED TO THE COMMISSIONER ON 12/03/2019. EXHIBIT P10 TRUE COPY OF THE NOTICE DATED 16/8/2019. EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED 21/11/19 SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE MINISTER FOR EXCISE.

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RESPONDENTS EXHIBITS:NIL

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//TRUE COPY// P.A TO JUDGE

Elite Distilleries and Beverages Company v. Theexcise Commissioner

Case brief

What is this about?

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Elite Distilleries and Beverages Company v. Theexcise Commissioner

Case brief

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