IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 OP.No. 7170 of 1996(C) ---------------------- PETITIONER(S): --------------- 1. G.RAMESHAN, PROPRIETOR, HOTEL CHOLA INTERNATIONAL, TRIVANDRUM. 2. B.RAVEENDRAN, PROPRIETOR, HOTEL CHALUKYA INTERNATIONAL, TRIVANDRUM. BY ADV. SRI.C.C.THOMAS SRI.M.G.KARTHIKEYAN RESPONDENT(S): --------------- 1. BOARD OF REVENUE (EXCISE), REP. BY THE SECRETARY, BOARD OF REVENUE, TRIVANDRUM. 2. THE MANAGING DIRECTOR, KERALA STATE BEVERAGES(M&M) CORPORATION LTD., SASTHA KRIPA OFFICE COMPLEX, SASTHAMANGALAM, TRIVANDRUM. 3. THE MANAGER, KILLIPALAM WARE HOUSE, KERALA STATE BEVERAGES (M&M) CORPORATION LTD., KILLIPALAM, TRIVANDRUM. R1 BY G.P. SRI.TEKCHAND R3 BY ADV. SRI.PIRAPPANCODE V.SREEDHARAN NAIR SRI.S.P.ARAVINDAKSHAN PILLAY SRI.PIRAPPANCODE V.S.SUDHIR R2 BY ADV. SRI.C.J.BALAKRISHNAN SRI.MILLU DANDAPANI THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: P1: TRUE COPY OF INDENT-CUM-DELIVERY NOTE ISSUED BY R3 DT.19.3.96 TO PETITIONER. P2: TRUE COPY OF RECEIPT ISSUED BY THE BANK TO 1ST PETITIONER DT.19.3.96. P3: TRUE COPY OF INDENT-CUM-DELIVERY NOTE DT.18.3.96 ISSUED BY R3 TO 2ND PETITIONER. P4: TRUE COPY OF RECEIPT ISSUED BY THE BANK DT.18.3.96. P5: TRUE COPY OF INDENT ISSUED TO BIJU RAMESH BY R3 DT.23.3.96. P6: TRUE COPY OF INDENT ISSUED BY R3 DT.30.3.96 TO SASIKUMAR. P7: .DO. TO G.SUNIL. P8: TRUE COPY OF REPRESENTATION DT.2.4.96 FILED BY 1ST PETITIONER ADDRESSED TO THE COMMISSIONER OF EXCISE. P9: .DO. DT.2.4.96 FILED BY 2ND PETITIONER .DO. P10: COPY OF LETTER DT.14.5.96 ISSUED BY R2. P11: COPY OF OBJECTION FILED BY 1ST PETITIONER DT.21.5.96. P12: .DO. 2ND PETITIONER DT.21.5.96. RESPONDENT'S EXHIBITS: R3(a): TRUE COPY OF CIRCULAR DT.29.8.95 OF R2. R3(b): TRUE COPY OF INDENT CUM DELIVERY NOTE DT.18.3.96 ISSUED TO SRI.SASIKUMAR. R3(c): TRUE COPY OF INVOICE ISSUED TO SRI.SASIKUMAR, DT.30.3.96. R3(d): TRUE COPY OF PERMIT FOR TRANSPORT OF INTOXICATING LIQUOR ISSUED BY THE EXCISE AUTHORITIES TO SRI.SUNIL. R3(e): TRUE COPY OF THE INVOICE ISSUED TO SRI.J.AJITH KUMAR. R3(f): .DO. C.P.MAGGIE. R3(g): .DO. SHAJI B.JOHN. R3(h): TRUE COPY OF LETTER DT.5.2.96 ADDRESSED TO THE COMMISSIONER OF EXCISE. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... O.P. No.7170 of 1996 .................................................................... Dated this the 25th day of June, 2009. JUDGMENT The O.P. is filed by bar licence holders challenging the demand of higher price by the Beverages Corporation for the supply of liquor made after 1.4.1996. According to the petitioners, they placed orders for liquor and made advance payment on 18th and 19th March, 1996. However, Corporation delayed supply of liquor until April when the excise duty on IMFL was increased. Counsel appearing for the third respondent submitted that petitioners were offered liquor from the available stock, but they were not willing to take delivery of the same. On the other hand, petitioners demanded stock position of the Warehouse. Whatever be the dispute between the parties, I do not think the same could be settled in writ proceedings. This is a pure transaction of purchase of liquor which is a contractual arrangement between petitioners and the Beverages Corporation. If there is any breach of contract, it is for the petitioners to file suit for damages. The interim orders issued are vacated leaving freedom to the respondents to 2 recover the differential price by encashment of security or otherwise. The O.P. is closed as above. C.N.RAMACHANDRAN NAIR Judge pms