The Court allowed the petitioner to make a claim of preference before the 2nd respondent at the next auction and kept rival claims open. The writ petition was disposed of accordingly.
Petitioner allowed to make claim of preference; rival claims left open.
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 SATHISH NINAN
THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
WP(C) NO. 13735 OF 2020
PETITIONER:
T.B.SHAJU,AGED 54 YEARS,S/O. BHASKARAN, THADIKKAT HOUSE, PURAPPUZHA P O, 685583, THODUPUZHA TALUK, IDUKKI DISTRICT.
BY ADVS. RENJITH B.MARAR SMT.LAKSHMI.N.KAIMAL
RESPONDENTS:
BY ADV SRI.M.G.KARTHIKEYAN SR. GP SRI.BIMAL K NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.13735 OF 2020
2
JUDGMENT
The issue involved relates to the claim of
preference by the petitioner. It will be open for the petitioner to make his claim before 2nd respondent at the time of the next auction. It is made clear that the rival claims and contentions of
the petitioner and the 6th respondent are left open.
The writ petition is disposed of as above.
Sd/-
SATHISH NINAN
JUDGE
vdv
WP(C) NO.13735 OF 2020
3
APPENDIX OF WP(C) 13735/2020
PETITIONER EXHIBITS
| EXHIBIT P1 | TRUE COPY OF THE LICENSE ISSUED IN |
|---|---|
| FAVOUR OF THE PETITIONER FOR T.S. NO.12/2014-17 IN GROUP NO.III OF THE THODUPUZHA EXCISE RANGE. |
|
| EXHIBIT P2 | TRUE COPY OF THE APPLICATION PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT, DEPUTY EXCISE COMMISSIONER, IDUKKI DISTRICT 21.03.2020. |
| EXHIBIT P3 | TRUE COPY OF THE APPLICATION PREFERRED BY THE PETITIONER BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT NO.I, THODUPUZHA AS CMP NO.2505/2020 IN ST NO.1904/2020 DATED 23.03.2020 |
| EXHIBIT P4 | TRUE COPY OF THE APPLICATION DATED 23.03.2020 PREFERRED BY THE PETITIONER TO THE 4TH RESPONDENT, DISTRICT COLLECTOR, IDUKKI, |
| EXHIBIT P5 | TRUE COPY OF THE APPLICATION DATED 23.02.2020 PREFERRED BEFORE THE 3RD RESPONDENT BY THE PETITIONERS LAWYER. |
| EXHIBIT P6 | TRUE COPY OF THE APPLICATION DATED 23.03.2020 PREFERRED BY THE PETITIONERS LAWYER BEFORE THE 4TH RESPONDENT. |
| EXHIBIT P7 | TRUE COPY OF THE APPLICATION PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 24.03.2020. |
| EXHIBIT P8 | TRUE COPY OF THE SCREEN SHOT OF THE CALL RECORD OBTAINED FROM THE PETITIONERS LAWYER INDICATING CALLS MADE TO THE MOBILE NUMBER 9447178000. |
| EXHIBIT P9 | TRUE COPY OF THE SCREEN SHOT SHOWING THE CALLS BEING MADE TO MOBILE NUMBER 9496753000. |
| EXHIBIT P10 | TRUE COPY OF THE JUDGMENT DATED |
WP(C) NO.13735 OF 2020
4
| 30.04.2020 IN WP(C) T.M.P NO.118/2020. | |
|---|---|
| EXHIBIT P11 | TRUE COPY OF THE ORDER DATED 27.04.2020 PASSED BY THE THIRD RESPONDENT. |
| EXHIBIT P12 | TRUE COPY OF THE RECEIPT DATED 27.04.2020 SHOWING THE DEPOSIT. |
| EXHIBIT P13 | TRUE COPY OF THE APPLICATION PREFERRED BY THE PETITIONER ON 06.05.2020. |
| EXHIBIT P14 | TRUE COPY OF THE APPLICATION FOR INTERIM DIRECTION PREFERRED BY THE PETITIONER TO THE SECOND RESPONDENT. |
| EXHIBIT P15 | TRUE COPY OF THE RECEIPT SHOWING THE ACKNOWLEDGMENT OF THE RECEIPT OF THE APPLICATIONS PREFERRED BY THE PETITIONER AT THE OFFICE OF THE SECOND RESPONDENT AT THIRUVANANTHAPURAM. |
| EXHIBIT P16 | TRUE COPY OF THE CERTIFICATE DATED 13.5.2020 WHICH SHOWS THAT THE PETITIONER WAS A TODDY TAPPER. |
| EXHIBIT P17 | TRUE COPY OF THE RECEIPT SHOWING THE PAYMENT OF TREE TAX FOR THE YEAR 20-21 RELATING TO TODDY SHOPS IN GROUP IX. |
| EXHIBIT P18 | TRUE COPY OF THE ORDER DATED 26.06.2020 PASSED BY THE SECOND RESPONDENT. |
| Exhibit P19 | TRUE COPY OF THE RTI REPLY DATED 2.9.2021 RECEIVED FROM THE EXCISE CIRCLE OFFICE THODUPUZHA |
1 issue framed by the court
Whether the petitioner's claim of preference regarding the licence renewal should be allowed.
T.B.SHAJU
THE STATE OF KERALA
COMMISSIONER OF EXCISE
SATHISH NINAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
