IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 WP(C).No. 24088 of 2007(P) -------------------------------------- PETITIONER: ----------------- P.SURENDRAN, S/O.PARAMESWARAN, AGED 56 YEARS, R/O CHANNANKONATHU PUTHEN VEEDU, VELLANADU, NEDUMANGAD, TRIVANDRUM. BY ADV. SRI.MILLU DANDAPANI RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF TAXES, GOVERNMENT SECRETARIAT, TRIVANDRUM - 695001. 2. THE COMMISSIONER OF EXCISE, TRIVANDRUM - 695001. 3. THE ASSISTANT COMMISSIONER OF EXCISE, TRIVANDRUM - 695 001. BY GOVERNMENT PLEADER SRI.P.K.RAVIKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC:NO.24088/2007: APPENDIX: PETITIONER'S EXHIBITS: EXT.P1-TRUE COPY OF LETTER DATED 27-1-93 ISSUED BY SECRETARAY (EXCISE) BOARD OF REVENUE (EXCISE) EXT.P2- TRUE COPY OF GO(RT) NO.388/2000/TD DATED 2-6-2000 ISSUED BY IST RESPONDENT. EXT.P3-TRUE COPY OF ORDER DATED 16-6-94 ISSUED BY ASSISTANT SECRETARY (EXICSE) BOARD OF REVENUE (EXCISE) EXT.P4-TRUE COPY OF JUDGMENT DATED 9-3-04 OF THIS HONOURABLE COURT IN OP NO.17820/2000-U EXT.P5-TRUE COPY OF LETTER DATED 21-4-04 ISSUED BY THE IST RESPONDENT. EXT.P6-TRUE COPY OF LETTER DATED 1-8-05 ISSUED BY THE IST RESPONDENT. EXT.P7-TRUE COPY OF ORDER DATED 14-10-03 ISSUED BY 2ND RESPONDENT. EXT.P7A-TRUE COPY OF ORDER DATED 17-12-03 ISSED BY 2ND RESPONDENT. EXT.P7B-TRUE COPY OF ORDER DATED 30-1-04 ISSUED BY 2ND RESPONDENT. EXT.P7C-TRUE COPY OF ORDER DATED 25-2-05 ISSUED BY THE 2ND RESPONDENT. EXT.P7D-TRUE COPY OF ORDER DATED 23-3-05 ISSUED BY THE 2ND RESPONDENT. EXT.P7E-TRUE COPY OF ORDER DATED 4-10-05 ISSUED BY ADDL.SECRETARY, GOK TO JOSHI CINE HOUSE. EXT.P7F-TRUE COPY OF ORDER DATED 26-5-05 ISSUED BY THE 2ND RESPONDENT. EXT.P7G-TRUE COPY OF ORDER DATED 3-6-05 ISSUED BY 2ND RESPONDENT TO HOTEL PANCHALI. EXT.P8-TRUE COPY OF JUDGMENT DATED 8-3-07 OF THIS COURT IN WPC 29242/05-F. EXT.P9-TRUE COPY OF ORDER DATED 27-4-07 ISSUED BY IST RESPONDENT. EXT.P10-TRUE COPY OF ORDER DATED 22-11-2004 ISSUED BY SECRETARY, DEPARTMENT OF TAXES (G). EXT.P11-TRUE COPY OF ORDER NO.XC7-8621/2004 DATED 18-12-2004 ISSUED BY 2ND RESPONDENT TO HOTEL ROHINI. THOTTATHIL B.RADHAKRISHNAN, J. ----------------------------------- W.P.(C).No. 24088 of 2007-P ------------------------------------ Dated this the 15th day of January, 2008. J U D G M E N T Having heard the learned counsel for the petitioner and the learned Government Pleader, I am satisfied that the case of the petitioner on facts, gets covered by the judgment of this Court in O.P.No.17891 of 2000 including the question regarding liberty to shift back the licence. (2). Under such circumstances, Ext.P9 is quashed following the aforesaid judgment and the Government are directed to re-consider the issue following the order in O.P.No.17891/2000 within an outer limit of one month from the date of receipt of a copy of this judgment. The decision shall be on the question of grant of FL-3 licence and also shifting of the existing licence. The writ petition is disposed of as above. THOTTATHIL B.RADHAKRISHNAN, JUDGE. MS