High Court Kerala High Court

Kerala State Beverages vs Shri.Thomas Joseph on 3 April, 2007

Kerala High Court
Kerala State Beverages vs Shri.Thomas Joseph on 3 April, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP No. 371 of 2007(P)


1. KERALA STATE BEVERAGES
                      ...  Petitioner

                        Vs



1. SHRI.THOMAS JOSEPH, AGED 52 YEARS,
                       ...       Respondent

2. STATE OF KERALA,

3. THE COMMISSIONER OF EXCISE,

4. THE ASSISTANT EXCISE COMMISSIONER,

5. THE MANAGER,

                For Petitioner  :SRI.MILLU DANDAPANI

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :03/04/2007

 O R D E R
               THOTTATHIL B.RADHAKRISHNAN, J.

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

                             R.P.No.371 OF 2007

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

                   Dated this the 3rd  day of April, 2007




                                    O R D E R

This review petition is filed by the 4th respondent in the writ

petition.

2. The writ petition was filed complaining about the proposed

location of IMFL outlet of the review petitioner. When the

matter came up for admission, it was submitted by the standing

counsel for respondents 4 and 5 that there is no proposal to shift

the shop to the location in question, at that time. This was

recorded and the writ petition was closed. This means, there

was no adjudication on merits.

3. This review petition is filed by the 4th respondent Kerala

State Beverages (Manufacturing & Marketing) Corporation Ltd.

contending that the submission made before Court on 23.2.2007,

leading to the disposal of the writ petition, was on a mistake of

RP.371/07

Page numbers

fact that occurred in the communication between the 4th

respondent and the counsel. It is pointed out that the

submission made on behalf of respondents 4 and 5 was factually

wrong and was erroneous as stated above.

4. The judgment dated 23.2.2007 was, obviously, issued

without considering the merits of the matter and on the

aforesaid premise. Hence the said judgment is recalled.

The review petition is allowed as above. The writ petition

will, therefore, be listed for admission as per the roster.

THOTTATHIL B.RADHAKRISHNAN

Judge

kkb.