IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1169 of 2009()
1. AJITH. S/O.ASHOKAN, VELIPADEETTATHIL
... Petitioner
2. JAYAPRABHA, AGED 42 YEARS,S/O.SANKU
3. MADANAN,S/O.KUNJU PANICKER
Vs
1. STATE OF KERALA REP BY THE SECRETARY
... Respondent
2. THE COMMISSIONE OF EXCISE
3. THE DEPUTY EXCISE COMMISSIONER
4. THE EXCISE INSPECTOR ,
For Petitioner :SRI.M.G.KARTHIKEYAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :08/06/2009
O R D E R
K. BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ.
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W.A.Nos.1169 & 1174 OF 2009
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Dated this the 8th day of June, 2009
J U D G M E N T
~~~~~~~~~~~
Balakrishnan Nair, J.
The point raised by the appellants in these cases is squarely
covered against them by the decision of this Court in Komalan v.
State of Kerala [2009(2) KLT 744]. Accordingly, these writ appeals
are liable to be dismissed. But, the learned senior counsel,
Sri.C.C.Thomas, who appeared for the appellants brought to our notice
an interim order passed by the Hon’ble Supreme Court, a copy of
which is produced as Ext.P5. It is an order passed by the Apex Court in
petitions for Special Leave to Appeal (Civil) Nos. 11420-11434/2009.
By that order, stay of prosecutions has been granted to the petitioners
therein, if the violations are before the filing of writ petitions by them.
Since the appeals cannot be entertained in view of the judgment in
Komalan v. State of Kerala, there is no question of consideration of
interim order in this case. Relying on the judgment in Komalan v.
State of Kerala, these writ appeals are dismissed.
(K.BALAKRISHNAN NAIR, JUDGE)
(C.T.RAVIKUMAR, JUDGE)
ps