The High Court of Kerala dismissed a writ petition filed by the petitioner, a resort operator, as withdrawn, allowing the petitioner to initiate appropriate proceedings in the future.
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
THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV
THURSDAY,THE15THDAYOFFEBRUARY2024/26THMAGHA,1945
WP(C)NO.2479OF2024
PETITIONER:
M/S.XANDARIRESORTSPRIVATELIMITED(AUNITOF
MUTHOOTLEISUREANDHOSPITALITYSERVICESPVT.LTD)
THEKKADYROAD,THEKKADYP.O,IDUKKIDISTRICT,
REPRESENTEDBYITSMANAGINGDIRECTOR,GEORGE
M.GEORGE,AGED47YEARS,S/O.M.G.GEORGEMUTHOOT
(LATE),RESIDINGAT9,CASAGRANDEHOUSE,MALIYEKKAL
HOUSE,THEVARAP.O,ERNAKULAMDISTRICT.,PIN-685509
BYADVS.M.G.KARTHIKEYANNIREESHMATHEW
RESPONDENTS:
1STATEOFKERALA,REPRESENTEDBYSECRETARY,
LABOURDEPARTMENT,GOVT.SECRETARIAT,
THIRUVANANTHAPURAM.,PIN-695001
2THECHIEFWELFAREFUNDINSPECTOR,
THEKERALAABKARIWORKERSWELFAREFUNDBOARD,
K.P.C.BUILDING,ARYASALA,
THIRUVANANTHAPURAM.,PIN-695036
3THEWELFAREFUNDINSPECTOR,
KERALAABKARIWORKERSWELFAREFUNDBOARD,
LUCKYSTARBUILDING,MARKETROAD,
ERNAKULAM.,PIN-682035
4THEEXCISECOMMISSIONERCOMMISSIONERATEOFEXCISE,
EXCISEHEADQUARTERS,NANDAVANAM,
THIRUVANANTHAPURAM.,PIN-695033
5THEDEPUTYCOMMISSIONEROFEXCISE,
EXCISEDIVISIONOFFICE,EXCISECOMPLEX,
THODUPUZHAEASTP.O,
IDUKKIDISTRICT.,PIN-685585
W.P.(C) No. 2479/2024
2
6 THE REGIONAL PROVIDENT FUND COMMISSIONER, THE EMPLOYEES PROVIDENT FUND ORGANIZATION, (MINISTRY OF LABOUR, GOVT. OF INDIA), SUB REGIONAL OFFICE, CHALAKKUZHI BUILDING, CMS COLLEGE ROAD, P.B.NO.36, KOTTAYAM., PIN - 686001 BY ADV JOY THATTIL ITTOOPTHISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON
15.02.2024,THECOURTONTHESAMEDAYDELIVEREDTHEFOLLOWING:
W.P.(C) No. 2479/2024
3
J U D G M E N T
When the writ petition was taken up, the learned counsel appearing for
the petitioner sought permission to withdraw this petition without prejudice to
the right of the petitioner to initiate appropriate proceedings.
Reserving the said right, this writ petition is dismissed as withdrawn.
sd/-
RAJA VIJAYARAGHAVAN V., JUDGE
PS/15/2/24
W.P.(C) No. 2479/2024
4
APPENDIX OF WP(C) 2479/2024
PETITIONEREXHIBITS
ExhibitP1TRUEPHOTOCOPYOFTHERENEWALOFFL-11LICENSEFOR
THEYEAR2023-24DATED30.03.2023ISSUEDBYTHE
DEPUTYCOMMISSIONEROFEXCISE,IDUKKI.
ExhibitP2TRUEPHOTOCOPYOFTHEJUDGMENTDATED26.07.2023IN
WP(C)NO.21788/2023PASSEDBYTHISHON'BLECOURT.
ExhibitP3TRUEPHOTOCOPYOFTHEPAYMENTCONFIRMATIONRECEIPT
ISSUEDFROMTHE6THRESPONDENTFORTHEMONTHOF
DECEMBER2023ON12.01.2024
M/s. Xandari Resorts Private Limited
State of Kerala
The Chief Welfare Fund Inspector
The Welfare Fund Inspector
The Excise Commissioner
The Deputy Commissioner of Excise
Raja Vijayaraghavan V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court