Disposed

Suja Unnikrishnan v. the Commissioner of Excise

Kerala HC18 Feb 2022WP(C)/5575/2022

Case brief

AI extract

What is this about?

In a writ petition concerning the proposed relocation of a foreign liquor outlet in Cherai, the High Court of Kerala directed the petitioners to submit a representation to the Deputy Commissioner of Excise. The Court ordered that this representation be considered and that the petitioners be heard prior to the grant of a new licence.

What did the court decide?

Petitioners directed to submit a representation to the 2nd Respondent; the grievance is to be considered and parties heard prior to licence grant.

Suja Unnikrishnan Vs the Commissioner of Excise — Public Procurement and Tenders | 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 SATHISH NINAN

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FRIDAY, THE 18^TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943 WP(C) NO. 5575 OF 2022

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PETITIONERS:

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1 SUJA UNNIKRISHNAN,AGED 40 YEARS,KONNAMPARAMBU, PALLIPPURAM, CHERAI, ERNAKULAM - 683514.

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2 N.G.SIVADAS,CHAIRMAN, KERALA PRATHIKARANA SAMITHI (REG.NO. EKM/TC/339/2013_ NJARAKKAL, KOCHI - 682505, RESIDING AT NIKATHIL, PERUMPILLY, NJARAKKAL, KOCHI - 682505.

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BY ADVS. K.JAJU BABU (SR.) M.U.VIJAYALAKSHMI BRIJESH MOHAN

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RESPONDENTS:

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1 THE COMMISSIONER OF EXCISE COMMISSIONERATE OF EXCISE, NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM - 695033.

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2 THE DEPUTY COMMISSIONER OF EXCISE ERNAKULAM, KACHERIPPADY, ERNAKULAM - 682018.

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3 THE KERALA STATE BEVERAGES CORPORATION, BEVCO TOWER, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM - 695033, REPRESENTED BY ITS MANAGING DIRECTOR,

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4 PALLIPPURAM GRAMA PANCHAYATH,CHERAI P.O, ERNAKULAM - 683514, REPRESENTED BY ITS SECRETARY.

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5 THE SECRETARY,PALLIPPURAM GRAM PANCHAYATH, CHERAI P.O, ERNAKULAM - 683514.

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ADV.BIMAL K NATH, SR GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W P(C) NO.5575 of 2022

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JUDGMENT

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The petitioners have approached this Court

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aggrieved by the proposal of the 3^rd respondent to shift the Foreign Liquor outlet from Valappu, where it is presently located, to Karuthala in Cherai.

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According to the petitioners, the 3^rd was

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originally operating a liquor outlet at Cherai. On the complaints of the local residents and on the intervention of this Court in W.P(C) No.7897 of 2013

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and Writ Appeal No.1638 of 2013, the shop was shifted therefrom. Now, the proposal is to relocate it back at Cherai, at a site which is less than 200 meters away from the site where the shop was originally functioning. The petitioners and other local residents have submitted Exts P3 to P5 complaints before the authorities.

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Heard the learned counsel for the

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petitioners, learned Government Pleader and also the learned standing counsel for the 3^rd respondent.

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W P(C) NO.5575 of 2022

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For the present it would be sufficient if the

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petitioner submits a representation before the 2^nd respondent and he considers the grievance.

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Accordingly it is ordered that, in the event of the petitioners submitting a representation before the 2^nd respondent objecting to the grant of licence in favour of the 3^rd respondent for functioning of Foreign Liquor shop at Karuthala in Cherai, the same shall be considered prior to the grant of licence, if licence has not already been granted. While considering the grievance of the petitioners, the petitioners and the 3^rd respondent shall be put on notice and heard.

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Writ petition disposed of as above.

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Sd/-

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Sathish Ninan, Judge

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vdv

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W P(C) NO.5575 of 2022

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT P1 TRUE COPY OF THE JUDGMENT DATED 01.07.2013 IN W.P(C) NO.7897/2013 OF THIS HON'BLE COURT.

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EXT P2 TRUE COPY OF THE JUDGMENT DATED 09.12.2013 IN W.A NO.1638/2013 OF THIS HON'BLE COURT.

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EXT P3 TRUE COPY OF THE COMPLAINT DATED 02.02.2022

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SUBMITTED BY THE 1ST PETITIONER AND OTHERS BEFORE THE NJARAKKAL EXCISE INSPECTOR.

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EXT P4 TRUE COPY OF THE COMPLAINT DATED 29.12.2021

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SUBMITTED BY THE 2ND PETITIONER BEFORE THE 5TH RESPONDENT.

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EXT P5 TRUE COPY OF THE COMPLAINT DATED 14.02.2022

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SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT.

Suja Unnikrishnan v. the Commissioner of Excise

Case brief

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Suja Unnikrishnan v. the Commissioner of Excise

Case brief

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