IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 WP(C).No. 20584 of 2011(W) -------------------------- PETITIONER(S): -------------------- DR. VIDYA PRAKASH, MANAGING DIRECTOR, DOCTOR PRAKASAM HOMOEOPATHIC PHARMACEUTICALS PVT. LTD., XII/509, CHELANNUR P.O., KOZHIKODE-673 616. BY ADVS SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER IBRAHIM RESPONDENT(S): --------------- 1. GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF EXCISE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE EXCISE COMMISSIONER, EXCISE COMMISSIONERATE,THIRUVANANTHAPURAM-695 001. BY GOVERNMENT PLEADER SRI.MUHAMMED SHAFI.M. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20584 of 2011(W) ------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS --------------------------------- EXT.P1.COPY OF THE CERTIFICATE OF INCORPORATION NO.4292/1985 ISSUED BY THE REGISTRAR OF COMPANIES, KERALA. EXT.P2. COPY OF THE LICENSE NO.1/89-90 ISSUED TO THE PEITIONER COMPANY EXT.P3. COPY OF THE JUDGMENT DT.30.5.2008 IN WPC N.16098/2008 OF THIS HON'BLE COURT. EXT.P4. COPY OF THE ORDER NO.XC 2-11813/08 ISSUED BY THE 2ND RESPONDENT. EXT.P5. COPY OF THE JUDGMENT DT. 14.12.2009 IN WPC NO.35876/2009 OF THIS HON'BLE COURT EXT.P6. COPY OF THE ORDER NO.XC2-11813/08 DT. 4.1.2010 ISSUED BY THE 2ND RESPONDENT. EXT.P7. COPY OF THE APPLICATION DT. 4.2.2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.' EXT.P8. COPY OF THE LETTER DT. 4.2.2011 SUBMITTED ALONG WITH EXT.P7. EXT.P8(A). COPY OF THE LETTER NO.PH.2/2011 DATED 3.5.2011 ISSUED BY THE EXCISE INSPECTOR ATTACHED TO THE FACTORY OF THE PETITIONER. EXT.P9. COPY OF THE LETTER DT. 6.5.2011 SUBMITTED BY THE PETITIONER BEFORE THE EXCISE INSPECTOR ATTACHED TO THE FACTORY OF THE PETITIONER. EXT.P10. COPY OF THE REPRESENTATION DT. 14.5.2011 SUBMITTED BY THE PETITIONER BEFORE THE EXCISE INSPECTOR ATTACHED TO THE FACTORY OF THE PETITIONER AT CHELANNUR. EXT.P11. COPY OF THE RPRESENTATION DT. 3.6.2011 SUIBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P12. COPY OF THE ORDER NO.XC2-6662/11 DT. 1.8.2011 ISSUED BY THE 2ND RESPONDENT. EXT.P13. COPY OF THE RPRESENTATION DT. 4.8.2011, BEARING FILE NO.DPHP 45/11-12 SUBMITTED BY THE PETITIONER, BEFORE THE 1ST RESPNDENT. RESPONDENT'S EXHIBITS : -------------------------------------- / TRUE COPY / P.A. TO JUDGE VK HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 20584 of 2011 --------------------------------------- Dated this the 8th day of August 2011. JUDGMENT The writ petition is filed for a direction commanding the 2nd respondent to sanction and allot 10000 bulk litres of rectified spirit, forthwith and also for a direction to the 2nd respondent to consider and dispose of Ext.P7 application, Exts.P8,P9, P10 and P11 representations forthwith. 2. After filing the writ petition, the petitioner filed I.A.No. 12940/2011 for a direction directing the first respondent to consider and dispose of Ext.P13 representation forthwith. 3. The petitioner is aggrieved by the delay/inaction on the part of the respondents in considering Ext.P7 application submitted for sanction and allotment of 10000 litres of spirit. The writ petition was filed on 27.7.2011. Subsequently, the 2nd respondent issued Ext.P12 order dated 1.8.2011 produced along with I.A. 12940/2011. By Ext.P12 order the 2nd respondent directed the petitioner to purchase the spirit from M/s.Travancore Sugars W.P.(C) No.20584/2011 2 and Chemicals Ltd., Thiruvalla. The learned counsel for the petitioner submits that the reasons stated in Ext.12 order are not correct and M/s.Travancore Sugars and Chemicals Ltd., Thiruvalla does not manufacture/purify the rectified spirit for the last 10 years; that the spirit in the possession of M/s.Travancore Sugars and Chemicals Ltd., Thiruvalla has been supplied by respondents and their subordinate authorities, that only confiscated spirit from the illicit traders alone has been supplied to the company and that there is no just and sustainable reason on the part of the 2nd respondent in directing purchase of the spirit from M/s.Travancore Sugars and Chemicals Ltd., Thiruvalla. 4.Learned counsel for the petitioner also pointed out that for the last 10 years, confiscated spirit alone has been supplied by the petitioner. It is also pointed out that the petitioner used to remove impurities and sediments in the confiscated spirit by using caustic soda and charcoal and after storing it in the purifying column, the spirit would be vaporised again and only best quality spirit alone is utilised for the purpose of manufacturing Homeopathic medicines in the absolute control and the supervision of the Excise Inspector and Excise Guards deputed by the Government. On receipt of Ext.P12 order petitioner submitted Ext. P13 representation. The petitioner submits that a direction may W.P.(C) No.20584/2011 3 be issued to the first respondent to modify Ext.P12 order by permitting the petitioner to purchase 10000 litres of confiscated spirit . 5.When the matter was taken for consideration today, the learned counsel for the petitioner submits that aggrieved by the direction in Ext.P12 order petitioner submits Ext.P13 representation before the first respondent and the same is pending consideration, The learned counsel for the petitioner l requested this Court to issue a direction to the first respondent to consider and dispose of Ext.P13 representation forthwith. In the circumstance, this Court direct the first respondent to consider and dispose and pass appropriate order on Ext.P13 representation within a period of three weeks from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. HARUN-UL-RASHID JUDGE al