K.Rajeendran vs The Excise Commissioner
2024 Latest Caselaw 16467 Ker

Kerala High Court

K.Rajeendran vs The Excise Commissioner on 11 June, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

                 THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM

          TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946

                           WP(C) NO. 13759 OF 2015

PETITIONER/S:

            K.RAJEENDRAN
            AGED 33 YEARS
            S/O.KUNCHAN, 4/665,KUTTIPPURATH HOUSE, MUKKAM P O, KOZHIKODE

            BY ADV SRI.NIREESH MATHEW



RESPONDENT/S:

     1      THE EXCISE COMMISSIONER
            COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM 695033

     2      THE ADDL EXCISE COMMISSIONER
            O/O.THE ADDL.EXCISE COMMISSIONER, 2ND FLOOR, EXCISE HEAD
            QUARTERS, NANDAVANAM, THIRUVANANTHAPURAM 695033

     3      THE DEPUTY COMMISSIONER OF EXCISE
            CIVIL STATION, PALAKKAD 678001

     4      THE EXCISE INSPECTOR
            EXCISE RANGE OFFICE, CHITTUR, PIN 678581, PALAKKAD DIST

            BY ADVS.
            GOVERNMENT PLEADER



OTHER PRESENT:

            SRI.IMAM GRIGORIUS KARAT-GP




      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.06.2024,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)NO.13759 of 2015

                                  2




                           JUDGMENT

The petitioner has filed this Writ Petition challenging Ext.P3

Order of Confiscation which is confirmed by Ext.P5 Appellate

Order. The learned Government Pleader pointed out that the

petitioner is having a remedy of Revision before the Government

under Section 67F of the Abkari Act and cited a decision in State

of Kerala v. Jabbar [2009 (2) KLT 709] in which it is held that

High Court should not interfere when statutory remedies are

available.

Since the petitioner has not filed revision against Ext.P5,

I dispose of this writ petition relegating the petitioner to file

Revision under Section 67F of the Abkari Act challenging Ext.P5

Order in accordance with law.

Sd/-

M.A.ABDUL HAKHIM JUDGE Shg W.P.(C)NO.13759 of 2015

APPENDIX OF WP(C) 13759/2015

PETITIONER EXHIBITS

P1:-PHOTOCOPY OF THE ORDER DTD 8/7/2014 IN WPC NO 17399/2014 PASSED BY THIS HON'BLE COURT

P2:-PHOTOCOPY OF THE ORDER DTD 21/10/2014 IN WPC 17399/2014 PASSED BY THIS HON'BLE COURT

P3:-PHOTOCOPY OF THE ORDER NO P3-7060/14 DTD 19/8/2014 PASSED BY THE 3RD RESPONDENT

P4:-PHOTOCOPY OF THE APPEAL MEMORANDUM DTD 18/10/2014 FILED BEFORE THE 2ND RESPONDENT

P5:-PHOTOCOPY OF THE LETTER DTD 25/10/2014 ISSUED BY THE 2ND RESPONDENT

P6:-PHOTOCOPY OF THE NOTICE DTD 9/4/2015 ISSUED BY THE JFCM, CHITTUR

P7:-PHOTOCOPY OF THE JUDGMENT DTD 13/7/2012 IN WPC NO 4172/2008 PASSED BY THIS HON'BLE COURT

P8:-PHOTOCOPY OF THE JUDGMENT DTD 22/12/2011 IN WA NO 1951/2011 PASSED BY THIS HON'BLE COURT

P9:-PHOTOCOPY OF THE JUDGMENT DTD 23/2/2012 IN WPC NO 16964/2010 PASSED BY THIS HON'BLE COURT

RESPONDENTS' EXTS

EXT.R1(A) TRUE COPY OF THE ACKNOWLEDGMENT CARD