Sreekaanthan S vs The Deputy Commissioner Of Excise
2022 Latest Caselaw 6636 Ker

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.
                             ---------------------------------------------
                                   W.P.(C) No.18720 of 2022
                           -------------------------------------------------
                             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.