The High Court of Kerala disposed of two writ petitions challenging the seizure of tar under the Abkari Act. The court held that petitioners bypassed the competent court by approaching the writ jurisdiction directly and disposed of the petitions without hearing.
Disposed with direction that petitioners agitate the issue as per lex fori and lex loci.
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 P.SOMARAJAN
TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
WP(C) NO. 12252 OF 2021
PETITIONER:
MUHAMMED SHAN P.K., AGED 30 YEARS
S/O.KABEER KHAN.P.B., RESIDING AT POTTAIKANDATHIL HOUSE, NEAR NGO QUARTERS, MUVATTUPUZHA, ERNAKULAM, PIN-686 661.
BY ADV NIREESH MATHEW
RESPONDENTS:
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.07.2021 ALONG WITH WP(C).NO.12265 OF 2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.12252/2021& WP(C) NO.12265/2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943 WP(C) NO. 12265 OF 2021
PETITIONER:
P.K.CONSTRUCTION COMPANY
XV/145, POTTAIKANDATHIL, NEAR NGO QUARTERS, MUVATTUPUZHA, ERNAKULAM, PIN-686 661, REPRESENTED BY ITS MANAGING PARTNER, SRI.KABEER KHAN.P.B., AGED 57 YEARS, S/O.P.S.BAVA RAWTHER, RESIDING AT POTTAIKANDATHIL HOUSE, NEAR NGO QUARTERS, MUVATTUPUZHA, ERNAKULAM, PIN-686 661.
BY ADV NIREESH MATHEW
RESPONDENTS:-
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, TAXES(A) DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.07.2021 ALONG WITH WP(C) NO. 12252 OF 2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.12252/2021& WP(C) NO.12265/2021
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JUDGMENT
The petitioners came up with the following
reliefs:
“i . declare that the tar seized in Ext.P1 case is not liable to be seized under Section 34 of the Abkari Act, not liable to confiscation under Section 65 of the Abkari Act and not liable to be proceeded under Section 67B of the Abkari Act;
ii. issue a writ of mandamus or other appropriate writ, order or direction directing the respondents to release the Tar seized in Ext.P1 case forthwith; and
competent court in that behalf. Bypassing the
jurisdiction of the competent court, the petitioners directly came up with the present
WP(C) NO.12252/2021& WP(C) NO.12265/2021
petitions. Reserving the right of petitioners to agitate the issue as per lex fori and lex
loci, t he Writ Petitions are disposed of.
Sd/-
P.SOMARAJAN
JUDGE
SPV
WP(C) NO.12252/2021& WP(C) NO.12265/2021
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APPENDIX OF WP(C) 12252/2021
PETITIONER'S ANNEXURE
Exhibit P1 TRUE PHOTOSTAT COPY OF THE FIR IN CRIME NO.255/2021 OF MANJESWAR POLICE STATION, KASARAGOD DATED 08.06.2021.
Exhibit P2 TRUE PHOTOSTAT OF REGISTRATION CERTIFICATE OF THE PETITIONER'S VEHICLE, KL 46/K-0556. Exhibit P3 A TRUE PHOTOSTAT COPY OF THE TAX INVOICE ISSUED BY THE MANGALORE REFINERY AND PETROCHEMICALS LIMITED, MANGALORE, DATED 07.06.2021. Exhibit P4 A TRUE PHOTOSTAT COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN SAJIN.S. VS. DIST.SUPERINTENDENT OF POLICE AND OTHERS REPORTED IN 1999(1) KLJ 1009.
RESPONDENTS' ANNEXURE: NIL
//TRUE COPY//
PA TO JUDGE
WP(C) NO.12252/2021& WP(C) NO.12265/2021
6
APPENDIX OF WP(C) 12265/2021
PETITIONER'S ANNEXURE
EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE FIR IN CRIME NO.254/2021 OF MANJESWAR POLICE STATION, KASARAGOD DATED 08.06.2021.
EXHIBIT P2 TRUE PHOTOSTAT OF REGISTRATION CERTIFICATE OF THE PETITIONER'S VEHICLE, KL 17/T-8755. EXHIBIT P3 A TRUE PHOTOSTAT COPY OF THE TAX INVOICE ISSUED BY THE MANGALORE REFINERY AND PETROCHEMICALS LIMITED, MANGALORE, DATED 07.06.2021.
EXHIBIT P4 A TRUE PHOTOSTAT COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN SAJIN.S. VS. DIST.SUPERINTENDENT OF POLICE AND OTHERS REPORTED IN 1999(1) KLJ 1009.
RESPONDENTS' ANNEXURE: NIL
//TRUE COPY//
PA TO JUDGE
1 issue framed by the court
Whether the writ petition should be disposed of without hearing on the ground that no application was submitted before the competent court.
3 provisions across 1 enactments
Muhammad Shan P.K.
P.K. Construction Company
State of Kerala
Station House Officer, Manjeswar Police Station
Deputy Commissioner of Excise
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
