IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 WP(C).No. 20236 of 2011(D) --------------------------------------- PETITIONER(S): ------------------------- GEMINI SOLVENTS PRIVATE LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, CARMEL BUILDING, FIRST FLOOR, BANERJI ROAD, ERNAKULAM, KOCHI-682 018. BY ADVS. SRI.P.K.VIJAYAMOHANAN, SRI.ALAN PAPALI, SRI.GILBERT GEORGE CORREYA, SRI.NISHIL.P.S. RESPONDENT(S): -------------------------------- 1. THE SUPERINTENDENT OF POLICE, KANNUR, PIN-670 001. 2. THE DEPUTY EXCISE COMMISSIONER, KANNUR, PIN-670 001. 3. THE ASSISTANT EXCISE COMMISSIONER, KANNUR, PIN-670 001. R1 TO R3 BY GOVERNMENT PLEADER SIR.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.20236/2011 D APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LICENCE NO.1/93-94 DTD. 14/02/1994 ISSUED BY THE 3RD RESPONDENT. P2: COPY OF THE COMMUNICATION DTD. 10/10/2010 FROM THE SUB INSPECTOR OF POLICE, MATTANNUR. P3: COPY OF THE SHOW CAUSE NOTICE DTD. 18/05/1999 OF THE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. P4: COPY OF THE COMMUNICATION NO.GSPL/2010-11 DTD. 03/01/2011 FROM THE PETITIONER TO THE 2ND RESPONDENT. P5: COPY OF THE REPRESENTATION DTD. 16/09/2010 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT WITH COPY TO THE CIRCLE INSPECTOR OF POLICE AND SUB INSPECTOR OF POLICE, MATTANNUR. P6: COPY OF THE COMMUNICATION NO.CHN/2004/1697/SRC/584 DTD. 21/06/2004 ISSUED BY THE KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION LIMITED TO THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No.20236 of 2011 --------------------------------------- Dated this the 7th day of December 2011. JUDGMENT The writ petition is filed for a direction commanding the first respondent to consider Ext.P5 and take appropriate action thereon to facilitate the Directors and employees of the company to have access to the Factory bearing Building No. KLP III/445 of Keezhalloor Grama Panchayat and for a direction commanding 2nd respondent to consider and take appropriate action on Ext.P4 to have verification of the stock and for the disposal of the rectified spirit, if any available, in accordance with law. 2. Respondents 1 and 2 have filed counter affidavits. In the counter affidavits it is stated that the licence issued to the Company was already cancelled and that manufacturing of Ethyl Acetate is not carried out in the Company. It is further stated that permission of the Company is not necessary for the petitioner's investigation. The W.P.(C) No.20236/2011 2 first and second respondents have no objection in the Directors and Employees of the petitioner's Company entering into factory premises to enjoy their property as per law and that the police has no intention to prevent the entry of owners to the Company premises. 3. In the light of the above statements in the counter affidavits filed by the first and second respondents no further orders are required. The writ petition is closed. HARUN-UL-RASHID JUDGE al