Court admits petition and retains previous interim stay order dated 03.01.2023 referencing Thyagarajan D. case, thereby closing the writ petition without passing fresh orders.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
WP(C) NO. 78 OF 2023
PETITIONER/S:
M/S HOTEL MERIYA, REPRESENTED BY ITS MANAGING
PARTNER JOJO JOSEPH
AGED 52 YEARS
S/O A.C JOSEPH, PULPALLY P.O, WAYANAD , PIN -
673579
BY ADV K.R.SUNIL
RESPONDENT/S:
1 THE DISTRICT COLLECTOR & DISTRICT MAGISTRATE KALPETTA P.O, WAYANAD DISTRICT, PIN - 6731212 THE DEPUTY COMMISSIONER OF EXCISE MEENANGADI P.O WAYANAD DISTRICT-, PIN - 6735913 THE INSPECTOR OF POLICE PULPALLY POLICE STATION, WAYANAD DISTRICT-, PIN - 673579OTHER PRESENT:
SMT. RASHMI.K.M SR.PP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.01.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C). No. 78 of 2023
P.V.KUNHIKRISHNAN, J.
W.P.(C) No.78 of 2023
Dated this the 6th day of January, 2023
JUDGMENT
The above writ petition is filed with following prayers:
“1. To call for the records pursuant to Exhibit P1 and to quash the same by issuing the writ of certiorari.
2. To pass such other appropriate order in favour the petitioner as this Hon’ble court may deem fit on the facts in the interest of justice.”(sic)
03.01.2023 this Court passed the following order:
“Admit.
The learned Government Pleader takes notice for the respondents.
In the light of Ext.P2 similar order, other connected interim orders and the law declared in Thyagarajan D. v. State of Keala and Others [2016 (1) KHC 203] I think in this case, there can be an interim order. Therefore, Ext.P1 is stayed till 06.01.2023.
Post on 06.01.2023.
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W.P.(C). No. 78 of 2023
The learned Government Pleader will communicate this order to the respondents.”
That order is in force till 06.01.2023. In the light of the
above order, no further order is necessary in this writ petition.
Therefore, retaining the order dated 03.01.2023, this writ petition
is closed.
SD/-
P.V.KUNHIKRISHNAN JUDGE
das
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W.P.(C). No. 78 of 2023
APPENDIX OF WP(C) 78/2023
PETITIONER EXHIBITS
Exhibit P1THE TRUE COPY OF THE ORDER VIDE NO.
DCWYD/9023/2022-M3 DATED 24.12.2022
ISSUED BY THE 1ST RESPONDENT RECEIVED
BY THE PETITIONER ON 31.12.2022 ALONG
WITH TRANSLATED COPY
Exhibit P2THE TRUE COPY OF THE ORDER DATED
05.01.2018 IN W.P.(C) NO 432 OF 2018
ALONG WITH TYPED COPY
Colour shows how this judgement treated each authority
Thyagarajan D. v. State of Kerala and OthersReferred¶29
Thyagarajan D. v. State of Kerala and Others [2016 (1) KHC 203]
M/S HOTEL MERIYA
THE DISTRICT COLLECTOR & DISTRICT MAGISTRATE
THE DEPUTY COMMISSIONER OF EXCISE
THE INSPECTOR OF POLICE
P.V. KUNHIKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court