Petitioner sought restoration of excise license after criminal prosecution was quashed. Court directed the Excise Commissioner to consider the resignation representation within three weeks.
Direction to the First Respondent to consider the petitioner's representation regarding license restoration within three weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 5TH DAY OF APRIL 2023 / 15TH CHAITHRA, 1945
WP(C) NO. 11376 OF 2023
PETITIONER:
XAVIER PAUL
AGED 57 YEARS
S/O.N.P.PAUL,NEDUMKANDATHIL HOUSE, CHERANELLOOR P.O.,
POOVAPPADY-CT-VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT., PIN – 683544
BY ADVS.
NIREESH MATHEW
M.G.KARTHIKEYAN
RESPONDENTS:
1 THE EXCISE COMMISSIONER COMMISSIONERATE OF EXCISE, EXCISE HEAD QUARTERS, NANDAVANAM, THIRUVANANTHAPURAM., PIN – 6950332 THE DEPUTY COMMISSIONER OF EXCISE EXCISE DIVISION OFFICE, KACHERIPAYDI, ERNAKULAM., PIN – 6820183 THE CIRCLE INSPECTOR OF EXCISE EXCISE CIRCLE OFFICE, KUNNATHUNADU, P.P.ROAD JUNCTION, PERUMBAVOOR, ERNAKULAM DISTRICT., PIN – 6835424 THE EXCISE INSPECTOR EXCISE RANGE OFFICE, PERUMBAVOOR, P.P.ROAD JUNCTION, PERUMBAVOOR, ERNAKULAM DISTRICT., PIN – 683542BY ADV
ADV T.R.RENJITH – G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11376 OF 2023
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JUDGMENT
The petitioner got allotment of toddy shop in Group No.1 in Perumbavoor Excise Range 2011 onwards. As crime No.63/2021 was registered by the Perumbavoor Excise Range, the license in favour of the petitioner was suspended after issuing a show cause notice. Challenging the criminal prosecution against the petitioner he submitted Crl.M.C. No.1318/2022 before this Court and this Court passed an interim order on 25.02.2022 in Crl.M.A. No.1/2022 staying further proceedings against the petitioner. In the meanwhile, the license issued to the petitioner was cancelled and later, in the light of the interim order that cancellation was revoked as per Ext.P2. Now Ext.P3 order has been passed by this Court in Crl.M.C. No.1318/2022 by which the criminal prosecution against the petitioner has been quashed. In such circumstances, the petitioner submitted Ext.P4, before the 1st respondent along with copy of Ext.P3 order and requesting for restoring the license issued to the petitioner. The limited prayer sought by the petitioner is to consider Ext.P4 representation in the light of Ext.P3 order passed by
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WP(C) NO. 11376 OF 2023
this Court.
After considering all the relevant aspects, I deem it appropriate to dispose of this writ petition with the following directions: It is ordered that the 1st respondent shall consider Ext.P4 representation, in the light of Ext.P3 order passed by this Court, and take a decision thereon in accordance with law, as expeditiously as possible, at any rate within a period of three weeks from the date of production of copy of this judgment.
Sd/ZIYAD RAHMAN A.A. JUDGE
scs
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WP(C) NO. 11376 OF 2023
APPENDIX OF WP(C) 11376/2023
PETITIONER EXHIBITS
Exhibit-P1TRUE PHOTOCOPY OF THE ORDER-CUM-SHOW
CAUSE NOTICE NO.EXC/3642/2021-XA2
DATED 08.09.2021 ISSUED BY THE 1ST
RESPONDENT.
Exhibit-P2TRUE PHOTOCOPY OF THE ORDER
NO.EXC/3642/2021-XA2 DATED 08.03.2022
PASSED BY THE 1ST RESPONDENT.
Exhibit-P3TRUE PHOTOCOPY OF THE ORDER DATED
09.03.2023 IN CRL.MC.NO.1318/2022
PASSED BY THIS HON'BLE COURT.
Exhibit-P4TRUE PHOTOCOPY OF THE LETTER DATED
18.03.2023 SENT TO THE 1ST RESPONDENT
THROUGH THE 3RD RESPONDENT.
1 issue framed by the court
Whether the petitioner's representation seeking restoration of an excise license should be considered in light of a court order quashing criminal prosecution.
Xavier Paul
The Excise Commissioner
Ziyad Rahman A.A.
As recorded by the court registry
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