State Of Kerala Represented By Its ... vs Sabu Johny
2023 Latest Caselaw 11609 Ker

WA No.1930/2023                               1/1

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                      THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
                                          &
                     THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
             Wednesday, the 8th day of November 2023 / 17th Karthika, 1945
                                  WA NO. 1930 OF 2023

        AGAINST JUDGMENT DATED 17/10/2023 IN WP(Crl.) 529/2021 OF THIS COURT

   APPELLANT(S)/RESPONDENTS IN WRIT PETITION:

      1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT F EXCISE,
         GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
      2. THE DEPUTY EXCISE COMMISSIONER, EXCISE DIVISIONAL OFFICE, CIVIL
         STATION, D-BLOCK GROUND FLOOR, CIVIL STATION P.O., KOZHIKODE
         DISTRICT, PIN - 673020.
      3. EXCISE INSPECTOR, EXCISE RANGE OFFICE, VADAKARA, KOZHIKODE DISTRICT,
         PIN - 673101.

    BY GOVERNMENT PLEADER

   RESPONDENT(S)/PETITIONER IN WRIT PETITION:

          SABU JOHNY, AGED 49 YEARS, S/O. E.M. JOHNY, 3D ORCHID COURT,
          PANCHAVADI AMBELIPPADAM, VYTTILA S.O., ERNAKULAM DISTRICT-682019,
          MANAGING DIRECTOR, E.V.M. PASSENGERS CARS INDIA PRIVATE LIMITED,
          3/276A, EDAPPILLY, EDAPPILLY-VARAPPUZHA ROAD, MANJUMMAL KAVALA-
          CHERANALLOOR, EDAPPILLY, ERNAKULAM DISTRICT, PIN - 682034.

    BY ADVS. M/S. C. DHEERAJ RAJAN AND ANAND KALYANKRISHNAN FOR R1.


        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 dated 17.10.2023 in WP(Crl) No.529
   of 2021 of the Learned Single Judge, pending disposal of this Writ Appeal.


        This Writ Appeal coming on for admission on 08/11/2023 upon perusing
   the appeal memorandum, the Court on the same day passed the following:

                                         ORDER

Admit.

Learned counsel takes notice for the respondent.

For a consideration on the question of maintainability of the appeal, post on 06.12.2023. There will be an interim stay of further proceedings pursuant to the judgment till then.

Sd/- ANU SIVARAMAN, JUDGE

Sd/- C. PRATHEEP KUMAR, JUDGE

08-11-2023 /True Copy/ Assistant Registrar