Sareesh Kumar V. v. The Commissioner Of Excise

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU TUESDAY, THE 22ND DAY OF DECEMBER 2015/1ST POUSHA, 1937 WP(C).No. 39045 of 2015 (E) ---------------------------- PETITIONER:

--------------- SAREESH KUMAR V., POCHAYIL VEEDU, PADANAYARKULANGARA SOUTH, KARUNAGAPPILLY P.O., KOLLAM - 690 518.

BY ADVS.DR.K.P.SATHEESAN (SR.) SRI.P.MOHANDAS (ERNAKULAM) SRI.ANOOP.V.NAIR SRI.S.VIBHEESHANAN SRI.K.SUDHINKUMAR RESPONDENTS:

----------------- - 1.

THE COMMISSIONER OF EXCISE, EXCISE HEADQUARTERS, NANDAVANAM, THIRUVANANTHAPURAM - 695 033.

2.

THE DEPUTY COMMISSIONER OF EXCISE, KOLLAM - 691 001.

3.

THE MANAGING DIRECTOR, KERALA STATE BEVERAGES (MANUFACTURING & MARKETING) CORPORATION LTD., P.B. NO. 2263, SASTHAKRIPA OFFICE COMPLEX, SASTHAMANGALAM, THIRUVANANTHAPURAM - 695 010. R BY SRI. JOSEPH GEORGE, GOVERNMENT PLEADER R BY SRI.C.S.AJITH PRAKASH,SC,BEVERAGES CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 39045 of 2015 (E) : 2 :

APPENDIX PETITIONER'S EXHIBITS:

EXT.P1 :

TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 15.12.2015.

EXT.P2 :

TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 2ND RESPONDENT DATED 15.12.2015.

RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rv

DAMA SESHADRI NAIDU, J.

---------------------------------- W.P. (C) No. 39045 of 2015 (E) ---------------------------------- Dated this the 22nd day of December, 2015.

JUDGMENT

Heard the learned counsel for the petitioner, the learned Government Pleader, and the learned Standing Counsel for respondent Corporation, apart from perusing the record.

2. The petitioner belonging to the scheduled caste community is aggrieved by what is said to be the proposal on the part of the third respondent to shift a FL-1 shop to a Harijan colony. In that regard, he is said to have submitted Exts.P1 and P2 representations before the first and second respondents respectively. Seeking expeditious consideration of those representations by the authorities, the petitioner has approached this Court.

3. In response to the submissions made by the learned counsel for the petitioner, the learned Standing Counsel for the third respondent as well as the learned Government Pleader has submitted that the respondents officials will consider the petitioner's representation and pass appropriate orders thereon in accordance with law before they undertake the exercise of shifting

W.P.(C.) No.39045/2015 -2the shop.

In the facts and circumstances, having regard to the submissions of the learned Counsel for the petitioner, the learned Government Pleader and the learned Standing Counsel, this Court, disposes of the writ petition with a direction to respondents 1 and 2 to consider the petitioner's Exts.P1 and P2 representations in accordance with law and pass appropriate orders thereon, as expeditiously as possible, at any rate, within three weeks from the date of receipt of a copy of this judgment.

sd/- DAMA SESHADRI NAIDU, JUDGE.

rv

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