IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 25TH JANUARY 2011 / 5TH MAGHA 1932 WP(C).No. 3105 of 2010(K) -------------------------------------- PETITIONER(S): -------------------------- THOMAS MANJALY,S/O.DEVASSY,AGED 60 YEARS, PARTNER,HOTEL NEW CASTLE,WADAKKANCHERRY, THRISSUR DISTRICT. BY SRI.C.C.THOMAS, SENIOR ADVOCATE, BY ADV. SRI.NIREESH MATHEW, SRI.M.G.KARTHIKEYAN. RESPONDENT(S): --------------------------- 1. STATE OF KERALA,REPRESENTED BY SECRETARY, DEPARTMENT OF TAXES,SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 3. THE DEPUTY EXCISE COMMISSIONER, THRISSUR. R1 TO R3 BY GOVERNMENT PLEADER SRI. MANOJ KUMAR.K.V. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.3105/2010 K APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF ORDER NO.XC6-3044/05/DT.27/1/09 ISSUED BY 2ND RESPONDENT. P2: COPY OF JUDGMENT OF THIS HON'BLE COURT DTD. 19/06/09 IN WP(C) NO.23870/08. P3: COPY OF THE LETTER DTD. 29/12/2010 SUBMITTED TO THE EXCISE COMMISSIONER THROUGH THE C.I. OF EXCISE, WADAKKANCHERRY. P4: COPY OF THE ORDER NO.C6-17717/07/DTD. 3/06/2009 PASSED BY THE EXCISE COMMISSIONER. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 3105 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of January, 2011 J U D G M E N T The petitioner who is one of the partners of a hotel by name New Castle filed this writ petition on being aggrieved by the non-consideration of Ext.P3 application submitted under Section 67(2) of the Abkari Act. When this matter is taken up for consideration the learned Senior Counsel appearing for the petitioner submitted that the petitioner is confining his prayers to one for a direction to consider and pass orders on Ext.P3, in accordance with law. As noticed hereinbefore, Ext.P3 is an application filed under section 67(2) of the Abkari Act. If it be so, the second respondent is clothed with a power to consider and pass orders thereon and in fact, he is duty bound to consider the same, in accordance with law. In the said circumstances, without making any observation as to the merits of the contention raised in this writ petition and also in Ext.P3, it is disposed of with a direction to the second respondent to consider and pass orders on Ext.P3, if it is WPC.3105/2010 : 2 : already received and pending. This shall be done expeditiously, at any rate, within a period of seven weeks from today. Disposed of accordingly. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge