WP(C) No.18720/2022 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Thursday, the 9th day of June 2022 / 19th Jyaishta, 1944
WP(C) NO. 18720 OF 2022(L)
PETITIONER:
SREEKAANTHAN S, AGED 47 YEARS S/O.K.P.DAMODHARAN (LATE), GOVINDA
NIKETHAN, THIRUVANGAD, KEEZHANTHIMUKKU, TELLISSERY,. KANNUR
DISTRICT.
RESPONDENTS:
1. THE DEPUTY COMMISSIONER OF EXCISE, EXCISE DIVISION OFFICE,
THAVAKKARA, KANNUR, PIN-670 002.
2. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, EXCISE HEAD
QUARTERS, NANDAVANAM, THIRUVANANTHAPURAM-695 033.
3. THE STATION HOUSE OFFICER, KANNUR CITY POLICE STATION, KANNUR,
PIN-670 002.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to pass an order staying the operation and implementation of
Ext.P8 on condition that the petitioner shall maintain the bank quarantee
executed at the time of temporary release of the vehicle as per Ext.P6
order of the Judl. First Class Magistrate Court-II, Kannur, pending
disposal of the above writ petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI. C.C.THOMAS (SENIOR ADVOCATE) along with M/S.M.G.KARTHIKEYAN, NIREESH
MATHEW, VIVEK VENUGOPAL, SEBIN SEBASTIAN, BABU JOSE, DEVAN N.R, NIJU
MATHEW & GAJENDRA SINGH RAJPUROHIT, Advocates for the petitioner and of
GOVERNMENT PLEADER for respondents, the court passed the following:
P.T.O.
WP(C) No.18720/2022 2/3
MURALI PURUSHOTHAMAN, J.
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W.P.(C) No.18720 of 2022
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Dated this the 09th day of June, 2022
ORDER
Admit.
2. The learned Government Pleader takes notice for the respondents.
3. Heard the learned counsel for the petitioner and the learned Government Pleader.
I have gone through Ext.P6 order passed by the Court of the Judicial First Class Magistrate - II, Kannur and Ext.P9 judgment of this Court. There will be an interim order staying the operation and implementation of Ext.P8 on condition that the petitioner shall maintain the cash security executed at the time of temporary release of the vehicle as per Ext.P6 order of the Judicial First Class Magistrate Court - II, Kannur.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SPR
09-06-2022 /True Copy/ Assistant Registrar
WP(C) No.18720/2022 3/3
Exhibit P6 TRUE PHOTOCOPY OF THE ORDER PASSED BY THE JUDL. FIRST
CLASS MAGISTRATE COURT-II, KANNUR, DATED 18.01.2021 IN CMP.NO.2449/2020.
Exhibit P8 TRUE PHOTOCOPY OF THE ORDER NO.EXC/1334/ 2022-XA5 DATED EXHIBIT P8(a) 26.05.2022 PASSED BY THE 2ND RESPONDENT.
TRUE ENGLISH TRANSALATION OF EXHIBIT P8. Exhibit P9 TRUE PHOTOCOPY OF THE CITATION REPORTED IN 2022 IOC 54 STATE OF KERALA & OTHERS VS. NAVARU SWAPNA REDDY.