Subash Soman v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU MONDAY, THE 2ND DAY OF NOVEMBER 2015/11TH KARTHIKA, 1937 WP(C).No. 7466 of 2013 (G) ------------------------------------- PETITIONER : - ---------------------- SUBASH SOMAN, MANAGING DIRECTOR, M/S.ROHINI GLOBAL MERCHANDISE (P) LTD., KOLLAM BY ADVS.SRI.N.DHARMADAN (SR.) SRI.M.R.VENUGOPAL RESPONDENTS : - ---------------------------

1. STATE OF KERALA, REPRESENTED BY THE SECRETARY GO GOVERNMENT, DEPARTMENT OF EXCISE, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. THE COMMISSIONER OF EXCISE, OFFICE OF THE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM - 695 001.

3. REGIONAL DIRECTOR (SOUTH), INDIATOURISM (CHENNAI), GOVERNMENT OF INDIA, SOUTHERN REGIONAL OFFICE, 154, ANNA SALAI, CHENNAI - 600 002.

R3 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA R3 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL R1 & R2 BY GOVERNMENT PLEADER SRI. G. GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DMR/-

DAMA SESHADRI NAIDU, J.

--------------------------------------- W.P.(c) No. 7466 of 2013 ---------------------------------------- Dated this the 02nd day of November, 2015

JUDGMENT

The learned counsel for the petitioner submits that the writ petition has become infructuous. Accordingly, the writ petition is dismissed as infructuous.

2. The learned counsel has represented that liberty may be given to the petitioner to take advantage of the judgment to be rendered by the Honourable Supreme Court before which similar matters are pending.

Needless to observe that, if the Honourable Supreme Court has to render a judgment, in terms of Article 141 of the Constitution, that being the law of the land, nothing prevents the petitioner from taking advantage of the judicial dispensation by the Honourable Supreme Court. DAMA SESHADRI NAIDU JUDGE DMR/-