Precedent

Kerala High Court

WP(C)/11206/2025 of DON GEORGE MATHEW, Vs THE EXCISE COMMISSIONER, on 1 April 2025

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COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 11206 OF 2025 PETITIONERS: 1 DON GEORGE MATHEW, AGED 40 YEARS, S/O.GEORGE MATHEW, VELLIYAMACKAL HOUSE, MUNDAKAYAM, ERUMELI NORTH VILLAGE,KOTTAYAM

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE GOPINATH P.

TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947

WP(C) NO. 11206 OF 2025

PETITIONERS:

DON GEORGE MATHEW,

AGED 40 YEARS,

S/O.GEORGE MATHEW, VELLIYAMACKAL HOUSE, MUNDAKAYAM, ERUMELI NORTH VILLAGE,KOTTAYAM DISTRICT, PIN – 686513.

VASUDEVAN,

S/O.NARAYANAN, CHANNETHODI HOUSE, EDAYUR VILLAGE, TIRUR

TALUK, MALAPPURAM DISTRICT, PIN – 676582.

BY ADV M.G.KARTHIKEYAN

RESPONDENTS:

THE EXCISE COMMISSIONER,

COMMISSIONERATE OF EXCISE, EXCISE HEAD QUARTERS, NANDAVANAM, THIRUVANANTHAPURAM, PIN – 695033.

THE DEPUTY COMMISSIONER OF EXCISE,

EXCISE DIVISION OFFICE, AYYANTHOLE,THRISSUR, PIN – 680003.

THE EXCISE INSPECTOR,

EXCISE RANGE OFFICE, KUNNAMKULAM, X/7 BYJEE BUILDING, KECHERY P.O, THRISSUR DISTRICT., PIN – 680510.

STATE OF KERALA,

REPRESENTED BY SECRETARY, TAXES (A) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.

SRI. P.S.APPU, GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

01.04.2025, ALONG WITH WP(C).11207/2025, 11209/2025 AND CONNECTED

CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE GOPINATH P.

TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947

WP(C) NO. 11207 OF 2025

PETITIONERS:

RAJEEV,

AGED 56 YEARS,

S/O.BHASKARAN, PERUMBILLISSERY HOUSE,

IRINGAPURAM DESOM, GURUVAYUR VILLAGE,

CHAVAKKAD TALUK, THISSUR DISTRICT,

PIN – 680103.

RANJITH,

AGED 45 YEARS,

S/O.REGHUNATH, KATTAMBAL HOUSE,PERUMBILAVU DESOM, KARIKKAD (CT) VILLAGE, KUNNAMKULAM TALUK, THRISSUR DISTRICT, PIN – 680519.

REJIL,

AGED 42 YEARS

S/O.REGHUNATH, KATTAMBAL HOUSE,PERUMBILAVU DESOM, KARIKKAD (CT) VILLAGE, KUNNAMKULAM TALUK, THRISSUR DISTRICT., PIN - 680519

BY ADV M.G.KARTHIKEYAN

RESPONDENTS:

THE EXCISE COMMISSIONER,

COMMISSIONERATE OF EXCISE, EXCISE HEAD QUARTERS, NANDAVANAM, THIRUVANANTHAPURAM, PIN – 695033.

THE DEPUTY COMMISSIONER OF EXCISE,

EXCISE DIVISION OFFICE,

AYYANTHOLE,THRISSUR, PIN – 680003.

THE EXCISE INSPECTOR,

EXCISE RANGE OFFICE, KUNNAMKULAM, X/7 BYJEE

BUILDING, KECHERY P.O, THRISSUR DISTRICT, PIN – 680510.

STATE OF KERALA,

REPRESENTED BY SECRETARY, TAXES (A) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.

SRI. P.S.APPU, GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

ADMISSION ON 01.04.2025, ALONG WITH WP(C).11206/2025 AND

CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE GOPINATH P.

TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947

WP(C) NO. 11209 OF 2025

PETITIONERS:

RAJESH T.N,

AGED 46 YEARS,

S/O.NARAYANAN, THACHUPARAMBIL HOUSE, MADAVAKKARA, CHITTISSERY, THRISSUR., PIN – 680301.

KRISHNANUNNI K,

S/O.KOCHU GOVINDAN P, KRISHNA SREE, COOLIMUTTAM, POLPOLLY P.O, PALAKKAD DISTRICT, PIN – 678552.

BY ADV M.G.KARTHIKEYAN

RESPONDENTS:

THE EXCISE COMMISSIONER,

COMMISSIONERATE OF EXCISE, EXCISE HEAD QUARTERS, NANDAVANAM, THIRUVANANTHAPURAM, PIN – 695033.

THE DEPUTY COMMISSIONER OF EXCISE,

EXCISE DIVISION OFFICE, AYYANTHOLE,

THRISSUR, PIN – 680003.

THE EXCISE INSPECTOR,

EXCISE RANGE OFFICE, THRISSUR POOTHOLE,

PIN – 680001.

STATE OF KERALA,

REPRESENTED BY SECRETARY, TAXES (A)

DEPARTMENT,GOVT. SECRETARIAT,

THIRUVANANTHAPURAM, PIN – 695001.

SRI. P.S.APPU, GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

ADMISSION ON 01.04.2025, ALONG WITH WP(C).11206/2025 AND

CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE GOPINATH P.

TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947

WP(C) NO. 11211 OF 2025

PETITIONERS:

AJITH,

AGED 31 YEARS,

S/O.APPUKUTTAN, MUNDEKKADU HOUSE, EZHAKKAD DESOM, MUNDUR II VILLAGE, PALAKKAD DISTRICT, PIN – 678600.

SYJU JOSE,

AGED 51 YEARS,

S/O.JOSE, PERINCHERRY HOUSE, MARATHAKKARA (CT)

VILLAGE, MARATHAKKARA DESOM,THRISSUR DISTRICT, PIN – 680306.

BY ADVS.

M.G.KARTHIKEYAN

C.C.THOMAS (SR.)(T-48)

RESPONDENTS:

THE EXCISE COMMISSIONER,

COMMISSIONERATE OF EXCISE, EXCISE HEAD QUARTERS, NANDAVANAM, THIRUVANANTHAPURAM, PIN – 695033.

THE DEPUTY COMMISSIONER OF EXCISE,

EXCISE DIVISION OFFICE, AYYANTHOLE,THRISSUR, PIN

- 680003

THE EXCISE INSPECTOR,

EXCISE RANGE OFFICE, THRISSUR, POOTHOLE, PIN – 680001.

STATE OF KERALA,

REPRESENTED BY SECRETARY, TAXES (A) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.

SRI. P.S.APPU, GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

ADMISSION ON 01.04.2025, ALONG WITH WP(C).11206/2025 AND

CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

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JUDGMENT

[WP(C) Nos.11206/2025, 11207/2025, 11209/2025 and 11211/2025] The learned counsel for the petitioners submit that identical matters have been disposed of by this Court directing the Revision Petitions filed by the petitioners to be considered and disposed of by the competent authority. It is submitted that the petitioners in these cases have remitted Rs.30,000/- (Rupees thirty thousand only) each towards the liability as directed in the interim order dated 20.03.2025.

2. The learned Government Pleader submits that the Revision Petitions can be considered and disposed of by the 4th respondent within a time frame to be fixed by this Court. Having heard the learned counsel appearing for the petitioners and the learned Government Pleader, these writ petitions will stand disposed of directing the 4th respondent to consider and pass orders on the Revision Petitions filed by the petitioners (produced as Ext.P3 in all the writ petitions), after affording an opportunity of hearing to the petitioners or their authorized representative, within a period of three months from the date of receipt of a certified copy of this judgment. I make it clear that I have not expressed any opinion on the merits of the matter and it will be open to the 4th respondent to consider the Revision Petitions and pass appropriate orders, in accordance with the law. Sd/- GOPINATH P. JUDGE DK

APPENDIX OF WP(C) 11207/2025 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE CRIME AND OCCURRENCE REPORT IN CR.NO.5/2025 REGISTERED BY THE 3RD RESPONDENT Exhibit P2 TRUE PHOTOCOPY OF THE ORDER NO.EXC/240/2025-XC6 DATED 25.02.2025 PASSED BY THE 1ST RESPONDENT. Exhibit P3 TRUE PHOTOCOPY OF THE REVISION PETITION DATED 07.03.2025 FILED BEFORE THE 4TH RESPONDENT Exhibit P4 TRUE PHOTOCOPY OF THE STAY PETITION DATED 07.03.2025 FILED BEFORE THE 4TH RESPONDENT

APPENDIX OF WP(C) 11209/2025 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE CRIME AND OCCURRENCE REPORT IN CR.NO.6/2025 REGISTERED BY THE 3RD RESPONDENT Exhibit P2 TRUE PHOTOCOPY OF THE ORDER NO.EXC/236/2025-XC6 DATED 25.02.2025 PASSED BY THE 1ST RESPONDENT. Exhibit P3 TRUE PHOTOCOPY OF THE REVISION PETITION DATED 15.03.2025 FILED BEFORE THE 4TH RESPONDENT. Exhibit P4 TRUE PHOTOCOPY OF THE STAY PETITION DATED 15.03.2025 FILED BEFORE THE 4TH RESPONDENT.

APPENDIX OF WP(C) 11211/2025 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE CRIME AND OCCURRENCE REPORT IN CR.NO.7/2025 REGISTERED BY THE 3RD RESPONDENT Exhibit P2 TRUE PHOTOCOPY OF THE ORER NO.EXC/247/2025-XC6 DATED 25.02.2025 PASSED BY THE 1ST RESPONDENT. Exhibit P3 TRUE PHOTOCOPY OF THE REVISION PETITION FILED BEFORE THE 4TH RESPONDENT DATED 07.03.2025 Exhibit P4 TRUE PHOTOCOPY OF THE STAY PETITION FILED BEFORE THE 4TH RESPONDENT DATED 07.03.2025

APPENDIX OF WP(C) 11206/2025 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE CRIME AND OCCURRENCE REPORT IN CR.NO.4/2025 REGISTERED BY THE 3RD RESPONDENT Exhibit P2 TRUE PHOTOCOPY OF THE ORDER NO.EXC/338/2025- XC6 DATED 25.02.2025 PASSED BY THE 1ST RESPONDENT. Exhibit P3 TRUE PHOTOCOPY OF THE REVISION PETITION DATED 07.03.2025 FILED BEFORE THE 4TH RESPONDENT Exhibit P4 TRUE PHOTOCOPY OF THE STAY PETITION DATED 07.03.2025 FILED BEFORE THE 4TH RESPONDENT

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