Disposed

Mayura Inn, v. State of Kerala

Kerala HC24 Sept 2020WP(C)/7349/2020

Case brief

AI extract

What is this about?

This court disposed of a writ petition seeking a declaration of entitlement to a license and directing the State Excise authorities to consider an application for an FL-3 license. A direction to hear the petitioner and act within 6 weeks was issued.

What did the court decide?

Direct respondent authorities to consider the application and pass orders after hearing the petitioner within six weeks.

Mayura Inn, Vs State of Kerala — Service and Employment | 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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THURSDAY, THE 24TH DAY OF SEPTEMBER 2020 / 2ND ASWINA, 1942 WP(C).No.7349 OF 2020(P)

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PETITIONER:

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M/S MAYURA INN, MANNUTHY BYE-PASS JUNCTION, MANNUTHY P.O., THRISSUR - 680 651, REPRESENTED BY ITS MANAGING PARTNER, JOSE KURUVINAKUNNEL, AGED 33 YEARS, S/O.JOSE KURUVINAKUNNEL.

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BY ADVS. SRI.C.C.THOMAS (SR.) SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY SECRETARY, TAXES (A) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, EXCISE HEAD QUARTERS, NANDAVANAM, THIRUVANANTHAPURAM - 695 033.

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3 THE DEPUTY COMMISSIONER OF EXCISE, THRISSUR, PIN - 680 001.

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4 THE CIRCLE INSPECTOR OF EXCISE, THRISSUR, PIN - 680 001.

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SRI K.P HARISH, SR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.7349 OF 2020

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JUDGMENT

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This writ petition is filed seeking the following reliefs:-

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i. Declare that the petitioner is entitled to get FL-3 licence under Rule 13(3) of the Foreign Liquor Rules as per Ext.P2 application recommended by Ext.P3 report of the 4th respondent to the 3rd respondent;

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ii. issue a writ of mandamus or other appropriate writ, order or direction commanding respondents 1 and 2 to consider and pass orders on Ext.P2 application within a stipulated time.

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When the matter was taken up today, Sri.M.G.Karthikeyan, the learned counsel appearing for the petitioner submitted that against the order passed by the Excise Commissioner directing payment of Rs.8 lakhs for unauthorised reconstitution of the firm M/s. Hotel Mayura, the petitioner herein has preferred a Revision Petition before the 1st respondent and he has also remitted the sum of Rs.8 lakhs, subject however to the result of the revision petition. It is submitted that in that view of the matter, it is only just and proper that Ext.P2 application as recommended by Ext.P3 report of the 4th respondent be taken up and considered.

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The learned Government Pleader, in the statement filed, has admitted that a Revision has been filed against the order before the

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WP(C).No.7349 OF 2020

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Commissioner and that the amount ordered has been remitted by the petitioner herein.

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Without expressing any opinion on the merits of the contentions advanced by the petitioner, this writ petition is disposed of directing the competent among respondents to take up Exhibit-P2 application and pass appropriate orders, after hearing the petitioner as well, expeditiously, at any rate, within a period of 6 weeks 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 with the judgment before respondents to ensure compliance.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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sru

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WP(C).No.7349 OF 2020

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 PHOTOCOPY OF THE STAR CLASSIFICATION CERTIFICATE DATED 22/04/2019.

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EXHIBIT P2 PHOTOCOPY OF THE APPLICATION SUBMITTED BEFORE THE EXCISE COMMISSIONER.

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EXHIBIT P3 PHOTOCOPY OF THE REPORT DATED 04/06/2019 OF THE 4TH RESPONDENT TO THE 3RD RESPONDENT.

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EXHIBIT P4 PHOTOCOPY OF THE JUDGMENT DATED 05.06.2020 IN WP(C) NO.10459/2020 PASSED BY THIS HON'BLE COURT.

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EXHIBIT P5 PHOTOCOPY OF THE COVERING LETTER DATED 10.06.2020 SENT TO THE 1ST RESPONDENT.

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EXHIBIT P6 PHOTOCOPY OF THE LETTER DATED 08.09.2020 SENT TO THE 2ND RESPONDENT.

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RESPONDENTS EXHIBITS:

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ANNEXURE R3(a)	TRUE COPY OF THE OF FIRMS	FORM A OF REGISTER
ANNEXURE R3(b)	TRUE COPY OF THE	APPLICATION FILED
	ON 14.6.2019.

Mayura Inn, v. State of Kerala

Case brief

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Mayura Inn, v. State of Kerala

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