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M/S.SDF INDUSTRIES LIMITED, SDF HOUSE v. COMMISSIONER OF EXCISE - WP(C) No. 22741 of 2004(G)  RD-KL 14045 (25 July 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMWP(C) No. 22741 of 2004(G)
1. M/S.SDF INDUSTRIES LIMITED, SDF HOUSE,
1. COMMISSIONER OF EXCISE,
2. CIRCLE INSPECTOR OF EXCISE,
3. ACCOUNTANT GENERAL (KERALA),
4. STATE OF KERALA, REPRESENTED BY ITS
For Petitioner :SRI.A.P.CHANDRASEKHARAN (SR.)
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice KURIAN JOSEPH
O R D E R
KURIAN JOSEPH , J
W.P.(C) NO. 22741 OF 2004
Dated this the 25th day of July, 2007.
The challenge is on Ext.P5 order with regard to the establishment charges. It is seen from Ext.R1(a) order that the sanctioned strength to be maintained at the premises by the Excise Department is only five. Therefore, the liability of the petitioner is only to meet the expenses for the sanctioned strength. In case the department needed any additional staff there should have been appropriate orders from the Government. Since there is no such order, liability is only for meeting expenses for the sanctioned strength. The impugned order is hence set aside directing the 1st respondent to issue fresh orders in respect of the expenses for the sanctioned strength as per Annexure R1(a). This shall be done within a period of four months from the date of production of a copy of this judgment. In case any amounts are to be refunded to the petitioner, the same shall also be done within another one month. The writ petition is disposed of accordingly.
KURIAN JOSEPH, JUDGE.rv
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