Disposed

Classified Hotels and Resorts Association of Kerala v. State of Kerala

Kerala HC1 Aug 2022WP(C)/20122/2022

Case brief

AI extract

What is this about?

In this writ petition, the Classified Hotels and Resorts Association sought a refund of overpaid licence fees. Without expressing an opinion on the merits, the Court directed the first respondent to decide the petitioner's representation within 45 days and set off the amount.

What did the court decide?

Directed the first respondent to dispose of the petitioner's representation regarding setting off of licence fees within 45 days.

Classified Hotels and Resorts Association of Kerala Vs… — Service and Employment | Kerala HC (2022)

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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 AMIT RAWAL

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MONDAY, THE 1^ST DAY OF AUGUST 2022 / 10TH SRAVANA, 1944

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WP(C) NO. 20122 OF 2022

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PETITIONER/S:

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CLASSIFIED HOTELS AND RESORTS ASSOCIATION OF KERALA REG.NO.TVM/TC/790,2017, TC-28/1222, SWRA 63A, PANDAATHODOPE LANE, SREEKANDESWARAM, FORT P.O, THIRUVANANTHAPURAM-695 023,, REPRESENTED BY ITS GENERAL SECRETARY, KOTTUKAL KRISHNAKUMAR, AGED 57 YEARS, S/O.K.VELAYUDHAN PILLAI, RESIDING AT KALHARAM, MANNAM NAGAR, PAYATTUVILA P.O, KOTTUKAL VILLAGE, VIA BALARAMAPURAM, THIRUVANANTHAPURAM, PIN-695 501.

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BY ADVS. M.G.KARTHIKEYAN NIREESH MATHEW

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RESPONDENT/S:

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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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OTHER PRESENT:

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SR GP SRI V K SUNIL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 20122 OF 2022

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JUDGMENT

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Petitioners, twelve (12) i n number, as per the list Ext.P1, through their association have approached this Court seeking the following reliefs:

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1.I. declare that the members of the petitioner association in Ext.P1 list who paid Rs.4,27,397/- each without availing the benefit of Ext.P2 G.O is entitled to get the refund of the amount at the ealiest.

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1.II. Issue a writ of mandamus or other appropriate writ, order or direction commanding respondents to refund an amount of Rs.4,27,397/- each paid by the members of the petitioner Association in Ext.P1 list without availing the benefit of Ext.P2 G.O at the earliest.

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The members of the petitioner’s Association are holders of FL-3 license issued under Rule 13(3) of the Foreign Liquor Rules. Government vide order dated 1.4.2022 had given a reduction of license fee for a period of 52 days for 24.4.2021 to 14.6.2021. Petitioner has already deposited the entire licence fee for renewal of 2022-2023. Counsel for the petitioner submits that since the petitioner has already deposited the entire licence fee for the year 2022-2023 but there is no adjudication of adjustment of licence fee viz-a-viz the period referred to in the order of the Government. Many other FL-3 license holders have been given benefits. In this regard submitted a representation dated 14.6.2022, Ext.P5 to

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WP(C) NO. 20122 OF 2022

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respondent No.1 and 2 and he would be satisfied that in case the representation is decided in accordance with law.

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Learned Government Pleader submits that the said

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request can be acceded to.

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Without expressing any opinion on the merits of the matter, I dispose of the writ petition by issuing directions to the first respondent to take a call on the request of the petitioners reflected in the representation dated 14.6.2022, Ext.P5 for setting off the licence fee for a period of 52 days with effect from 24.4.2021 to 14.6.2021. The said effect can be given either for adjustment of the licence fee for the year 2022 or by set off or refunding the same or by adjustment in the following year ie., 2023-24 within a period of 45 days from the date of receipt of a copy of this judgment.

Sd/-

sab

AMIT RAWAL

JUDGE

WP(C) NO. 20122 OF 2022

PETITIONER EXHIBITS

Exhibit P1	PHOTOCOPY OF THE LIST OF MEMBERS OF THE PETITIONER ASSOCIATION.
Exhibit P2	PHOTOCOPY OF THE ORDER, G.O(MS)NO.242/ 022/TAXES DATED 01.04.2022 ISSUED BY THE GOVERNMENT.
Exhibit P2 a	TRUE ENGLISH TRANSLATION OF EXT.P2.
Exhibit P3	TRUE PHOTOCOPY OF THE APPLICATION DATED 4.05.2022 SUBMITTED TO THE 1ST RESPONDENT.
Exhibit P3 a	True English translation of Ext.P3.
Exhibit P4	TRUE PHOTOCOPY OF THE APPLICATION DATED 14.05.2022 SUBMITTED TO THE 2ND RESPONDENT.
Exhibit P4 a	TRUE ENGLISH TRANSLATION OF EXT.P.3.
Exhibit P5	TRUE PHOTOCOPY OF THE PETITION DATED 14.06.2022 SENT TO THE RESPONDENTS.

Classified Hotels and Resorts Association of Kerala v. State of Kerala

Case brief

What is this about?

What did the court decide?

Classified Hotels and Resorts Association of Kerala v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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