IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 WP(C).No. 25526 of 2005(L) -------------------------- PETITIONER(S): ------------------- EMPEE DISTILLERIES LTD., NEW INDUSTRIAL DEVELOPMENT AREA, KANCHIKODE P.O., PALAKKAD-678 521, REPRESENTED BY ITS DEPUTY GENERAL MANAGER(ADMN). BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, EXCISE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 3. THE EXCISE INSPECTOR, EMPEE DISTILLERIES LTD., KANJIKODE. BY GOVERNMENT PLEADER SRI.P.M.SANEER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/11/2011 ALONG WITH WP(C) NO.21051 OF 2005 & CONNETED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 25526 of 2005(L) ---------------------------------- APPENDIX ----------- PETITIONER'S EXHIBITS ------------------------------ EXT.P1. COPY OF THE ORDER NO.X C3-6600/99 DATED 21.6.1999 ISSUED BY THE 2ND RESPONDENT. EXT.P2. COPY OF THE ORDER NO.XFE3-16496/02 FIN DT. 17.8.2002 ISSUED BY THE 2ND RESPONDENT. EXT.P3. COPY OF THE STATEMENT SHOWING THE BILLS OF BEING CONTRIBUTION, LEAVE SALARY FROM 7/99 TO 6/2005 BY THE PETITIONER'S DISTILLERY. EXT.P4. COPY OF THE ORDER NO.XE1-1614/2005 DATED 23.5.2005 ISSUED BY THE 2ND RESPONDENT. EXT.P5. COPY OF NOTICE DATED 28.7.2005 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DISTILLERY. ANNEXURE A1. COPY OF THE COMMUNICATION ISSUED BY 3RD RESPONDENT TO THE PETITIONER DATED 20.7.2011. ANNEXURE A2. COPY OF THE COMMUNICATION DT. 9.11.11 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS :NIL ------------------------------ / TRUE COPY / P.A. TO JUDGE VK B.P.RAY, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)Nos.25526, 21045, 21051 & 23550 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of November, 2011 JUDGMENT Heard learned counsel for the petitioners and the learned Government Pleader. 2. Petitioners in these writ petitions challenge circular issued by the Commissioner of Excise and the demand notice made by the Inspector of Excise. 3. Learned Government Pleader submitted that the petitioners have paid the establishment charges as demanded from time to time. 4. Learned counsel for the petitioners submits that the said amount has been paid on protest, since the writ petitions are pending. Let the petitioners make a representation highlighting their grievances to respondent No.1. If such a representation is made within one month from today, respondent No.1 shall dispose of the same within two months thereafter after giving an opportunity of hearing to the petitioners. I have not expressed any opinion on the merits of the writ petitions. Interim order shall continue till the disposal of these cases by the Government. Writ petitions are disposed of. B.P.RAY, JUDGE jes