IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 WP(C).No. 34127 of 2008(K) -------------------------- PETITIONER(S): --------------- K.S.DISTILLERY (A UNIT OF SREEDHARAN & CO.(P) LTD), VARAM, KANNUR, REPRESENTED BY ITS JOINT MANAGING DIRECTOR. BY ADV. SRI.K.P.DANDAPANI (SR.) SRI.MILLU DANDAPANI RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, EXCISE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 3. THE EXCISE INSPECTOR, K.S.DISTILLERY, VARAM, KANNUR 670 594. GOVERNMENT PLEADER SRI. K.V. MANOJ KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.34127 OF 2008 ---------------------------------------- Dated this the 19th day of November, 2008 JUDGMENT The petitioner, a distillery, has approached this Court complaining that for cancellation of import permits obtained by the petitioner the 2 nd respondent is insisting on the petitioner paying fee of Rs.10,000/- for each permit which is not payable as per Rules. According to the petitioner, fee is payable only in respect of revalidation of permits and not for cancellation. They point out that Ext.P8 amendment rules provide for fee only in respect of revalidation of permits and not in respect of cancellation of permits. The petitioner submits that in spite of that legal position, on submission of Exts.P6 and P7 applications for cancellation of import permits, the 2 nd respondent is insisting on paying fee, which according to the petitioner is against the provisions of the Rules. 2. I have heard the learned Government Pleader also. 3. I am not inclined to consider the matter on merits at this point of time, since the 2 nd respondent has to first consider W.P.(c)No.34127/08 2 whether fee is payable in respect of permits under Ext.P8 amendment rules. Accordingly, this writ petition is disposed of with a direction to the 2 nd respondent to first consider the question as to whether the petitioner is liable to pay fee for cancellation of import permits under Ext.P8 Rules . Orders shall be passed in this regard, within one month from the date of receipt of a certified copy of this judgment, after affording an opportunity of being heard to the petitioner. The petitioner shall produce a copy of the writ petition along with a certified copy of this judgment before the 2 nd respondent for compliance. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.34127/08 3