IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 37092 of 2004(N) -------------------------- PETITIONER: -------------- T.C.CHERIAN, MANAGING DIRECTOR, KANICHAL HOTELS PVT.LTD., THIRUVANANTHAPURAM, RESIDING AT KANJIRAKATTU HOUSE, POTHUJANAM GARDENS, KUMARAPURAM, THIRUVANANTHAPURAM. BY ADV. SRI.P.GOPALAKRISHNAN NAIR RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. ASSISTANT EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 3. THE EXCISE CIRCLE INSPECTOR, OFFICE OF THE EXCISE CIRCLE, CONVENT ROAD, THIRUVANANTHAPURAM. GOVERNMENT PLEADER FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC/37092 OF 2004 APPENDIX PETITIONER'S EXHIBITS. EXHIBIT P1 : TRUE COPY OF THE PAYEMENT ADVICE REF.NO.HL/CB/457/2003-04 DATED 26-3-2004. EXHIBIT P2 : TRUE COPY OF THE NOTICE NO.T.C.2/04 DATED 8.12.2004 FROM THE 3RD RESPONDENT. EXHIBIT P3 : TRUE COPY OF THE CHELLAN NO.88 DATED 17.12.2004 RECEIVED BY THE PETITIONER. EXHIBIT P4 : TRUE COPY OF THE REPRESENTATION(LETTER) NO.LUC/M-146/ 2004-05 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 17-12-2004. KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.37092 of 2004 ----------------------------------------- Dated this the 18th day of July, 2008 JUDGMENT The writ petition is filed with the following prayers:- i) to declare that the demand of Rs.40,500/- imposed as interest alleging belated payment as evidenced by Ext.P2 is illegal. ii) to issue a writ of mandamus or other appropriate writ direction or order directing the 3rd respondent to consider Ext.P4 and to waive the interest imposed against the petitioner as evidenced by Ext.P2 and to grant reasonable time to pay the enhanced licence fee. It is for the petitioner to approach the competent authority as per the counter affidavit filed by the first respondent in which case the said authority will take appropriate action in the matter in accordance with law within another three months. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.37092 of 2004 ----------------------------------- JUDGMENT 18th July, 2008