IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 WP(C).No. 29190 of 2008(Y) -------------------------- PETITIONER(S): --------------- K.S.DISTILLERY (A UNIT OF SREEDHARAN & CO. (P) LTD), VARAM, KANNUR, REPRESENTED BY ITS JOINT MANAGING DIRECTOR, K.ANUP. BY ADV. SRI.K.P.DANDAPANI (SR.) SRI.MILLU DANDAPANI RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, EXCISE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 3. THE EXCISE INSPECTOR, K.S.DISTILLERY, VARAM, KANNUR - 670 594. G.P. SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.29190 of 2008 ================== Dated this the 3rd day of October, 2008 J U D G M E N T The petitioner has approached this Court complaining that for cancellation of the import permits obtained by the petitioner the 3rd respondent is insisting on the petitioner paying fee of Rs.10,000/- for each permit. According to the petitioner, fee is payable only in respect of revalidation of the permit and not for cancellation. He points out that Ext.P3 amendment rules provide for fee only in respect of revalidation and not in respect of cancellation. The petitioner submits that in spite of the same, on submission of Ext.P1 application for cancellation of the import permits, the petitioner has been supplied with Ext.P2 chalan for payment of 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 juncture since the 3rd respondent has to first consider whether fee is payable in respect of permits under Ext.P3 amendment rules. Accordingly, this writ petition is disposed of w.p.c.29190/08 2 with a direction to the 3rd respondent to consider the question as to whether the petitioner is liable to pay fee for cancellation of import permits under Ext.P3 Rules. Orders shall be passed 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 3rd respondent for compliance. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.29190/08 3