IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 WP(C).No. 10244 of 2009(A) -------------------------- PETITIONER(S): --------------- S. MANGALAN, HOTEL VARKALA PARK INTERNATIONAL,STATION ROAD, VARKALA-695141. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.S.SHYAM PRASANTH RESPONDENT(S): --------------- 1. THE COMMISSIONER OF EXCISE,TRIVANDRUM. 2. THE DEPUTY COMMISSIONER EXCISE, TRIVANDRUM. 3. THE ASST. EXCISE COMMISSIONER,TRIVANDRUM 4. SMT. V.S.SHEEJA, D/O.VAMADEVAN, PADINJATTUM VEEDU, PARIYARAM, NEDUMANGAD, TRIVANDRUM. * 5. STATE OF KERALA, REP, BY PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA, TAXES DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM. * ADDL 5TH RESPONDENT IS IMPLEADED AS PER ORDER ON IA 6145 OF 2009 DATED 1.6.2009. ADV. SRI.M.G.KARTHIKEYAN FOR R4 SRI.NIREESH MATHEW FOR R4 BY GP K R DEEPA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX(WP(C) 10244/2009) PETITIONER'S EXTS. EXT.P1 TRUE COPY O F LICENSE TO PETITIONER'S HOTEL/RESTAURANT HAVING THREE STAR CLASSIFICATION RENEWED UPTO 31.3.2009. EXT.P2 TRUE COPY OF LEASE DEED EXECUTED ON 24.1.2008 BY THE PETITIONER IN FAVOUR OF 4TH RESPONDENT. EXT.P3 TRUE COPY OF LEASE DEED EXECUTED ON 25.12.2008 BY THE PETITIONER IN FAVOUR OF R4. EXT.P4 TRUE COPY OF RELEVANT EXTRACT OF INCOME TAX RETURNS FOR THE YEAR 2007-2008. EXT.P5 TRUE COPY OF RELEVANT EXTRACT OF INCOME TAX RETURNS FOR THE YEAR 2008-2009. EXT.P6 TRUE COPY OF ANNUAL RETURN FOR THE YEAR 2007-2008 IN RESPECT OF PETITIONER'S HOTEL. EXT.P7 TRUE COPY OF MONTHLY RETURN FOR JANUARY, 2009 OF PETITIONER'S HOTEL DTD. 16.2.2009. EXT.P8 TRUE COPY OF MONTHLY RETURN FOR FEBRUARY, 2009 OF PETITIONER'S HOTEL DTD. 6.3.2009. EXT.P9 TRUE COPY OF OBJECTION FILED BY THE PETITIONER TO 2ND RESPONDENT THROUGH 3RD RESPONDENT WITH COPY TO R1 ON 21.3.2009. EXT.P10 TRUE COPY OF ORDER NO.XC7-30256/97/R.DIS DATED 18.3.2009 ISSUED BY R1. EXT.P11 TRUE COPY OF REVISION PETITION DTD. 6.4.2009 FILED BY THE PETITIONER BEFORE THE GOVERNMENT. lgk THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 10244 OF 2009 & IA 6144 OF 2009 ............................................ DATED THIS THE 1ST DAY OF JUNE, 2009 JUDGMENT This matter relates to the renewal of an Abkari license in relation to a foreign liquor shop. It is stated that even before the matter was considered on 30.3.2009, Ext.P10 order was issued and the petitioner has now filed Ext.P11 revision before the government. Accordingly, without expressing anything on merits and leaving open all contentions, this writ petition and the I.A are ordered directing that Ext.P11 be taken up, considered and disposed of by the government, in accordance with law, within a period of 45 days from today. All other issues left open. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/2/6