Sasi vs Shobana
2023 Latest Caselaw 4258 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE AMIT RAWAL
                                    &
                  THE HONOURABLE MRS. JUSTICE C.S. SUDHA
          Friday, the 31st day of March 2023 / 10th Chaithra, 1945
                             WA NO. 630 OF 2023

     AGAINST JUDGMENT DATED 14.03.2023 IN WP(C) 659/2023 OF THIS COURT

APPELLANT/RESPONDENT NO.5:

     SASI, S/O. VELAYUDHAN, MULLOLLI HOUSE, POTTA VILLAGE, POTTA P.O,
     CHALAKKUDY TALUK, THRISSUR DISTRICT., PIN - 680722.

BY ADVS.M/S. ARUN CHANDRAN, THOMAS J.ANAKKALLUNKAL & ANJALY T.A.

RESPONDENTS/PETITIONER/RESPONDENTS:

  1. SHOBANA, AGED 58 YEARS, W/O. SURESH BABU (LATE), KALLOZHI VATTATHODI
     HOUSE, PARUTHIPRA DESOM, SHORNUR VILLAGE, OTTAPALAM TALUK, PALAKKAD
     DISTRICT, PIN - 679121.
  2. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, EXCISE HEAD
     QUARTERS, NANDAVANAM,THIRUVANANTHAPURAM,PIN-695033.
  3. THE DEPUTY COMMISSIONER OF EXCISE, EXCISE DIVISION OFFICE, CIVIL
     STATION, AYYANTHOLE, THRISSUR., PIN - 680003.
  4. THE CIRCLE INSPECTOR OF EXCISE, EXCISE CIRCLE OFFICE, CHALIPPADAM,
     WADAKKANCHERRY, THRISSUR DISTRICT, PIN - 680623.
  5. THE DISTRICT COLLECTOR, COLLECTORATE P.O, AYYANTHOLE, THRISSUR., PIN
     - 680003.

BY GOVERNMENT PLEADER FOR R2 TO 5

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation of the judgment of the Learned Single Judge dated
14.03.2023 in W.P.(C) No.659 of 2023, pending disposal of the Writ Appeal.
     This Writ Appeal coming on for orders along with connected case on
31/03/2023 upon perusing the appeal memorandum, the court on the same day
passed the following:

                                                                     P.T.O.
                        AMIT RAWAL
                               &
                      C.S. SUDHA, JJ.
                =================
                     WA No.630 of 2023
                             and
                     WA No.705 of 2023
             =====================
           Dated this the 31st day of March, 2023

                         ORDER

Amit Rawal,J.

Inter alia alleges that respondent No.1 could not have

obtained privilege order under the garb of the interim

order passed by this Court in Crl.M.C No.1834 of 2022

which is in defiance to the provisions of Rule 5 (1) (a) of the

Abkari Rules 2002 in as much as that the privilege

certificate can only be granted once the accused is

exonerated from the crime case. There is no interim stay

with regard to further proceedings in a crime case bearing

No.51 of 2019.

2. Issue notice before admission to the respondent

No.1 and accepts notice. Government Pleader takes notice

for R2 to R5.

WA No.630 of 2023 and conctd. case

3. In the meantime, there shall be an interim stay of

the judgment of the learned single Bench. Records of the

W.P.(C) No.1270 of 2020 and 659 of 2023 including Crl.M.C

No.1834 of 2022 are directed to be attached along with the

present appeals.

Post on 4.4.2023.

sd/-

AMIT RAWAL JUDGE

sd/-

sa/131219sassssabs10. C.S. SUDHA sab JUDGE

31-03-2023 /True Copy/ Assistant Registrar