IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 26236 of 2007(W)
1. M/S. MERCY TOURIST HOME,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE EXCISE COMMISSIONER,
3. THE ASST. EXCISE COMMISSIONER,
4. THE CIRCLE INSPECTOR OF EXCISE,
For Petitioner :SRI.C.C.THOMAS (SR.)
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :06/02/2008
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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W.P(C).No.26236 OF 2007
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Dated this the 6th day of February, 2008
JUDGMENT
Heard learned counsel for the petitioner and learned
Government Pleader.
2. Petitioner applied for shifting of its FL-3 licence. According
to the petitioner, the law that applies is that which governs the
field on the date of the application for shifting. It is pointed out
that the issue is covered by Exts.P1 and P2 judgments, the latter
confirming the former. It is further pointed out that the
impugned order has been passed without affording the petitioner
an opportunity of being heard and without reference to the
aforesaid judgments.
In the aforesaid circumstances, this writ petition is allowed
quashing the impugned order and directing that the first
respondent shall take up the case of the petitioner and decide on
it, after affording the petitioner an opportunity for hearing. The
WPC.26236/07
Page numbers
first respondent shall do so within an outer limit of one month
from the date of receipt of a copy of this judgment. The
petitioner shall make necessary appearance before the
competent officer in the Government with a copy of this
judgment, along with a copy of the writ petition.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge
kkb.