Shiby V.V v. State Of Kerala And Others

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN MONDAY, THE 20TH DAY OF JULY 2015/29TH ASHADHA, 1937 WP(C).No. 9417 of 2007 (U) --------------------------- PETITIONER(S):

-------------- SHIBY V.V., S/O VASUDEVAN, VAZHAKULAM, CHEERANCHIRA P.O., VEROOR CHANGANACHERRY, KOTTAYAM DISTRICT.

BY ADVS.SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENT(S):

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

1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF TAXES, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM.

2. THE COMMISSIONER OF EXCISE, EXCISE COMMISSIONERATE, THIRUVANANTHAPURAM.

3. THE ASSISTANT EXCISE COMMISSIONR, KOTTAYAM.

4. THE ASSISTANT EXCISE COMMISSIONER, ALAPPUZHA.

R1 BY GOVERNMENT PLEADER SRI.SOJAN JAMES THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P(C) NO.9417 OF 2007 APPENDIX PETITIONER's EXHIBITS EXT.P1 - TRUE COPY OF THE RELEVANT PAGES OF THE LICENCE ISSUED TO THE PETITIONER IN RESPECT OF T.S NO.54 EXT.P2 - TRUE COPY OF THE RELEVANT PAGES OF THE LICENCE ISSUED TO THE PETITIONER IN RESPECT OF T.S NO.30 EXT.P3 - TRUE COPY OF GO NO.34/07/TD DATED 8.3.07 EXT.P4 - TRUE COPY OF GO(MS)NO.40/2007 DATED 8.3.07 EXT.P5 - TRUE COPY OF GO(P)NO.43/2007/TD DATED 13.3.07. RESPONDENTS' EXHIBITS NIL /TRUE COPY/ sks/- P.A.TO JUDGE

ANIL K.NARENDRAN , J.

--------------------------------- W.P. (C) NO. 9417 OF 2007 ----------------------------------- Dated this the 20th day of July, 2015

JUDGMENT

This writ petition has been filed seeking mainly a writ of mandamus commanding the 3 rd respondent to permit the petitioner to participate in the sale of Toddy Shop No.30 of Kottayam Excise Range in the preferential category for the year 2007-08 and for other consequential reliefs . Since the reliefs sought for have become infructuous, the Writ Petition is dismissed as infructuous.

ANIL .K.NARENDRAN , JUDGE sks/