Judgment:
IN THE HIGH COURT OF KERALAAT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN THURSDAY, THE 1ST DAYOF AUGUST 2013 10TH SRAVANA, 1935 WP(C).No. 12751 of 2013 (T) ---------------------------- PETITIONER: ------------------ P.G.SUBRAMANIAN PUTHUSSERIKUNNEL HOUSE, EAST MARADY P.O., MUVATTUPUZHA ERNAKULAM DISTRICT. BY ADVS.DR.K.P.SATHEESAN (SR.) SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.ANOOP.V.NAIR RESPONDENT(S): ------------------------- 1. STATEOF KERALA REPRESENTED BY THE SECRETARY, TAXES DEPARTMENT GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.
2. THE EXCISE COMMISSIONER COMMISSIONERATE OF EXCISE THIRUVANANTHAPURAM-695033.
3. KAVALANGAD GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY,NELLIMATTOM P.O. KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN 686693.
4. THE SECRETARY KAVALANGAD GRAMA PANCHAYAT, NELLIMATTOM P.O. KOTHAMANGALAM, ERNAKULAM DISTRICT, 686693. R3 & 4 BY ADV. SRI.PEEYUS A.KOTTAM R1 & R2 BY GOVERNMENT PLEADER SRI RINNY STEPHEN CHAMAPARAMBIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-08-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12751 of 2013 (T) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1: TRUE COPY OF THE CERTIFICATE ISSUED BY THE COMPETENT AUTHORITY OF THE GOVERNMENT OF INDIA DATED 3 12.2012. EXHIBIT-P2: TRUE COPY OF THE NO OBJECTION ISSUED BY THE 4TH RESPONDENT DATED 7 12.2012. EXHIBIT-P3: TRUE COPY OF THE APPLICATION FOR FL-3 LICENSE FILED BY THE PETITIONER DATED 7 12.2012. EXHIBIT-P4: TRUE COPY OF THE ORDER NO.K5-7790/12 DATED 15 05.2013 GIVEN BY THE 4TH RESPONDENT. EXHIBIT-P5: TRUE COPY OF THE DECISION OF THE PANCHAYAT COMMITTEE DATED 8 5.2013. RESPONDENT(S)' EXHIBITS: NIL TRUE COPY P.A.TO JUDGE dsn K.SURENDRA MOHAN, J.
-------------------------------------------------- W.P.(C)No.12751 Of 2013 -------------------------------------------------- DATED THIS THE 1st DAY OF AUGUST, 2013 JUDGMENT The petitioner, Managing Partner of a firm conducting a hotel, has filed this Writ Petition aggrieved by the revocation of the No Objection Certificate granted by the 3rd respondent. The petitioner has preferred a Review Petition against the said order, Exhibit P4, before the 1st respondent-Panchayat Committee. It is stated in the counter affidavit filed on behalf of the 1st respondent that no orders have been passed thereon, since this Writ Petition is pending.
2. The petitioner seeks permission to withdraw this Writ Petition, without prejudice to his right to raise the contentions in this Writ Petition also before the Panchayat Committee. In view of the above, this Writ Petition is dismissed, without prejudice to the rights of the petitioner to raise all his contentions before the Panchayat Committee in the Review Petition, that is preferred before it. Sd/-(K.SURENDRA MOHAN) JUDGE. dsn