Kuncheria v. The Commissioner Of Excise
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU THURSDAY, THE 21ST DAY OF MAY 2015/31ST VAISAKHA, 1937 WP(C).No. 9374 of 2015 (V) ------------------------------------------- PETITIONER:
KUNCHERIA,VALAMPARAMBIL HOUSE, PULINKUNNU P.O, KANNADI, ALAPPUZHA DISTRICT.
BY ADVS.SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENTS:
1. THE COMMISSIONER OF EXCISE, EXCISE COMMISSIONERATE, THIRUVANANTHAPURAM-695001.
2. THE DEPUTY COMMISSIONER OF EXCISE, ALAPPUZHA - 688 001.
3. SRI. SATHEESAN K.,KUNNAMPALLI, KANNADY, PULINKUNNU PO, ALAPPUZHA DISTRICT.
R1 & R2 BY GOVERNMENT PLEADER SRI.T.R.RAJESH R3 BY ADV. SRI.JOSE PALLATTUKARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN WP(C).No. 9374 of 2015 (V) PETITIONER'S EXHIBITS:
EXT.P1 - TRUE PHOTOCOPY OF THE ORDER DATED 30-10-2012 IN ID NO.85/2012 OF LABOUR COURT, KOLLAM.
EXT.P2 - TRUE PHOTOCOPY OF THE PLAINT IN O.S.NO.618/2012 EXT.P2(a) - TRUE PHOTOCOPY OF THE INJUNCTION ORDER DATED 6-10-2012 IN I.A. NO.2799/2012 IN OS.NO.618/2012.
EXT.P3 - TRUE PHOTOCOPY OF THE NOTICE BEARING ORDER NO.X.A.76486/14 DATED 06-03-2015 WITH ITS ENGLISH TRANSLATION. EXT.P4 - TRUE PHOTOCOPY OF THE REPLY DATED 13-03-2015 RESPONDENT'S EXHIBITS: NIL.
/TRUE COPY/ P.S. TO JUDGE
Dama Seshadri Naidu, J.
------------------------------------------- W.P.(C)No.9374 of 2015 V -------------------------------------------- Dated this the 21st day of May, 2015
JUDGMENT
Essentially, based on the direction of this Court on an earlier occasion, the authorities are said to have served on the petitioner a copy of the enquiry report, based on which the petitioner is said to have submitted a reply to the show cause notice issued to him by the said authorities.
2. The learned counsel for the petitioner has submitted that in the light of the explanation submitted by the petitioner, the final orders are awaited from the authorities concerning the issue raised in the writ petition.
3. In the facts and circumstances, I do not see any further issue surviving for consideration in the present writ petition; accordingly, the writ petition is closed as having not survived for further consideration.
WPC 9374/15 Needless to observe that the closure of the writ petition is without prejudice to the rights of the petitioner to take recourse to appropriate legal proceedings concerning the orders to be passed by the authorities based on the explanation submitted by the petitioner.
Dama Seshadri Naidu, Judge tkv