IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 WP(C).No. 26236 of 2007(W) ------------------------------------------ PETITIONER: -------------------- M/S. MERCY TOURIST HOME, M.G.ROAD, ERNAKULAM, REPRESENTED BY ITS MANAGING PARTNER, SRI. K.KURIAKOSE. BY ADV. SRI.C.C.THOMAS (SR.) RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY, TAXES (A) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 3. THE ASST. EXCISE COMMISSIONER, ERNAKULAM. 4. THE CIRCLE INSPECTOR OF EXCISE, ERNAKULAM. BY GOVERNMENT PLEADER SMT. M.K.PUSHPALATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.26236/2007 W APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT DTD. 16/08/2006 IN WP(C) NO. 18971/2006 OF THIS HON'BLE COURT. EXT.P2: COPY OF THE JUDGMENT DTD. 9/10/2006 IN W.A.NO.1637/2006 OF THIS HON'BLE COURT. EXT.P3: COPY OF THE APPLICATION DTD. 20/02/2007 SUBMITTED BEFORE THE 2ND RESPONDENT THROUGH THE 3RD RESPONDENT. EXT.P4: COPY OF THE JUDGMENT DTD. 10/04/2007 IN WP(C)NO. 12284/2007 OF THIS HON'BLE COURT. EXT.P5: COPY OF THE ORDER NO.XC6-7380/07 DTD.22/07/2007 PASSED BY THE 2ND RESPONDENT. 1ST RESPONDENT'S EXHIBIT: EXT.R1(A): G.O.(MS) NO.34/07/TD DTD. 01/03/2007. /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.26236 OF 2007 ------------------------------------------- Dated this the 6th day of February, 2008 JUDGMENT Heard learned counsel for the petitioner and learned Government Pleader. 2. Petitioner applied for shifting of its FL-3 licence. According to the petitioner, the law that applies is that which governs the field on the date of the application for shifting. It is pointed out that the issue is covered by Exts.P1 and P2 judgments, the latter confirming the former. It is further pointed out that the impugned order has been passed without affording the petitioner an opportunity of being heard and without reference to the aforesaid judgments. In the aforesaid circumstances, this writ petition is allowed quashing the impugned order and directing that the first respondent shall take up the case of the petitioner and decide on it, after affording the petitioner an opportunity for hearing. The WPC.26236/07 Page numbers first respondent shall do so within an outer limit of one month from the date of receipt of a copy of this judgment. The petitioner shall make necessary appearance before the competent officer in the Government with a copy of this judgment, along with a copy of the writ petition. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.