← Library
High Court of KeralaWP(C)/1082/2015disposed of

Sheejamol v. The Excise Commissioner

2015-01-134 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN TUESDAY, THE 13TH DAY OF JANUARY 2015/23RD POUSHA, 1936 WP(C).No. 1082 of 2015 (I) ------------------------------------ PETITIONER(S):

----------------------- SHEEJAMOL, AGED 41 YEARS, D/O.BABY MATHEW @ MARY ROSILY (LATE), CHERUKARA HOUSE, EROOR WEST P.O., THRIPUNITHURA, ERNAKULAM DISTRICT.

BY SRI.C.C.THOMAS, SENIOR ADVOCATE ADV. SRI.M.G.KARTHIKEYAN RESPONDENT(S):

-------------------------

1. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM - 695 033.

2. THE DEPUTY COMMISSIONER OF EXCISE, ERNAKULAM - 682 018.

3. THE CIRCLE INSPECTOR OF EXCISE, ERNAKULAM - 682 018.

BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 1082 of 2015 (I) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1: PHOTOCOPY OF THE NOTIFICATION, GO(P) NO.211/2014/TD DATED 30.12.2014 ISSUED BY THE GOVT. OF KERALA. EXHIBIT-P2: PHOTOCOPY OF THE LETTER DATED 31.12.2014 SENT BY THE 1ST RESPONDENT TO THE ADDL. EXCISE COMMISSIONER TO ALL THE JOINT EXCISE COMMISSIONERS & DEPUTY COMMISSIONERS OF EXCISE.

EXHIBIT-P3: PHOTOCOPY OF THE APPLICATION FOR FL-11 LICENSE SUBMITTED BEFORE THE 2ND RESPONDENT, DATED 31.12.2014, BY THE LATE MOTHER OF THE PETITIONER.

EXHIBIT-P4: PHOTOCOPY OF THE D.D.FOR RS.4,20,000/- SUBMITTED ALONG WITH EXT.P3.

EXHIBIT-P5: PHOTOCOPY OF THE APPLICATION FOR FL-11 LICENSE SUBMITTED BEFORE THE 2ND RESPONDENT, DATED 31.12.2014 BY THE LATE MOTHER OF THE PETITIONER.

EXHIBIT-P6: PHOTOCOPY OF THE D.D.FOR RS.4,20,000/- SUBMITTED ALONG WITH EXT.P5.

EXHIBIT-P7: PHOTOCOPY OF THE APPLICATION DATED 8.1.2015 SUBMITTED BEFORE THE 1ST RESPONDENT IN RESPECT OF FL-3 NO.48 BY THE PETITIONER.

EXHIBIT-P8: PHOTOCOPY OF THE APPLICATION DATED 8.1.2015 SUBMITTED BEFORE THE 1ST RESPONDENT IN RESPECT OF FL-3 NO.E-120 BY THE PETITIONER.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

K.SURENDRA MOHAN, J.

--------------------------------------------- W.P.(C) No.1082 of 2015 ---------------------------------------------- Dated this the 13th day of January, 2015

JUDGMENT

The petitioner's mother had been issued with two FL-3 licences to conduct Bar Hotels, however, the licences were not renewed after 31.03.2014. Subsequently, the Government have decided to grant FL-11 licences to persons who were having FL-3 licences as on 31.03.2014. The petitioner's mother had submitted necessary applications for the grant of FL-11 licences to her, which are Exts.P3 and P5. However, the petitioner's mother passed away on 04.01.2015. Thereupon, the petitioner has submitted Exts.P7 and P8 applications for an order substituting her name in the place of the deceased mother. The petitioner seeks the issue of appropriate directions for the consideration of Exts.P7 and P8.

2. The learned Government Pleader who appears for the Respondents assures that Exts.P7 and P8 applications would be considered.

W.P.(C)No.1082 of 2015

3. In view of the above, this writ petition is disposed of directing the 1st Respondent to consider Exts.P7 and P8 applications in accordance with law and to pass appropriate orders thereon, as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a copy of this judgment.

Sd/- K.SURENDRA MOHAN, JUDGE //true copy// P.S. To Judge St/-