BIBIN P. BENNY v. THE EXCISE COMMISSIONER
Court: High Court of Kerala
Bench: HONOURABLE MR.JUSTICE BASANT BALAJI
Judgment date:
Case summary
High Court of Kerala judgment dated 2024-07-19. BIBIN P. BENNY v. THE EXCISE COMMISSIONER. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BASANT BALAJI TH FRIDAY, THE 19 DAY OF JULY 2024 / 28TH ASHADHA, 1946 WP(C) NO. 4996 OF 2021 PETITIONER: BIBIN P. BENNY AGED 30 YEARS S/O. BENNY P. V. , PATTASSERIL HOUSE, MULANTHURUTHY P. O. , ERNAKULAM DISTRICT, PIN-682314. BY ADVS. M. G. KARTHIKEYAN SRI. NIREESH MATHEW RESPONDENTS: 1 THE EXCISE COMMISSIONER COMMISSIONERATE OF EXCISE, EXCISE HEAD QUARTERS, NANDAVANAM, THIRUVANANTHAPURAM-695033. 2 THE DEPUTY COMMISSIONER OF EXCISE, KACHERIPADY, ERNAKULAM-682018. 3 THE CIRCLE INSPECTOR OF EXCISE, ERNAKULAM, PIN-682018. 4 STATE OF KERALA, REP. BY ITS SECRETARY, TAXES (A) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695001. 5 THE MANAGER, FL-1 SHOP NO. 7004, KERALA STATE CO-OPERATIVE CONSUMER FEDERATION LTD. , KADAVANTHRA JUNCTION, COCHIN-682021. 6 KERALA STATE CO-OPERATE CONSUMER FEDERATION LTD. , GANDHI NAGAR P. O. , COCHIN-682020, REPRESENTED BY ITS MANAGING DIRECTOR.
7 THE MULANTHURUTHY GRAMA PANCHAYATH, MULANTHURUTHY P. O. , ERNAKULAM, PIN-682314, REP. BY ITS SECRETARY. BY ADVS. SRI. M. SASINDRAN SRI. S. SREEKUMAR (SR. ) SRI. P. MARTIN JOSE SRI. P. PRIJITH SRI. THOMAS P. KURUVILLA SRI. MANJUNATH MENON W. P. C 4996 of 2021 SRI. AJAY BEN JOSE SRI. R. GITHESH SHRI. HARIKRISHNAN S. OTHER PRESENT: SRI. RIYAL DEVASSY, GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19. 07. 2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W. P. C 4996 of 2021 JUDGMENT th (Dated this the 19 day of July, 2024) The Writ Petition is filed for the following reliefs: “i) Declare that the proposed shifting of FL-1 Shop No. 7004 from Kadavanthra town to Mulanthuruthy th in the building owned by the 7 respondent is illegal and against Rule 24 of the Foreign Liquor Rules and also within 200 meters from a Church; ii) Issue a writ of mandamus or other appropriate st writ, order or direction commanding the 1 respondent to consider and pass orders on Ext.
P1 after giving an opportunity of hearing to the petitioner within a stipulated time. ” th 2. The counsel for the 6 respondent submits that the shop which was opened in Mulanthuruthy has now been shifted to Thiruvankulam and there is no FL-1 shop working in Mulanthuruthy. Accordingly, this Writ Petition is closed. Sd/- BASANT BALAJI JUDGE Mms W. P. C 4996 of 2021 APPENDIX OF WP(C) 4996/2021 PETITIONER’S EXHIBIT EXHIBIT P1 PHOTOCOPY OF THE PETITION DATED 23. 2. 2021 SENT TO THE 1ST RESPONDENT WITH COPY TO RESPONDENTS 2 TO 4. RESPONDENTS EXHIBIT EXHIBIT R6(a) TRUE COPY OF THE LICENSE ISSUED BY THE 1ST RESPONDENT. EXHIBIT R6(b) TRUE COPY OF THE CERTIIFICATE ISSUED BY THE 7TH RESPONDENT GRAMA PANCHAYAT DATED 10. 02. 2021.
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.