IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 WP(C).No. 11358 of 2008(B) -------------------------- PETITIONER: ---------------- SUBHADRA ,W/O.SANKARAN MANNULLIL PUTHENPURAYIL, THIRUVANIYOOR VILLAGE, KUNNATHUNADU TALUK,ERNAKULAM DISTRICT. BY ADV. SRI.M.C.JOHN RESPONDENTS: ------------------ 1. THE COMMISSIONER OF EXCISE THIRUVANANTHAPURAM. 2. THE ASSISTANT EXCISE COMMISSIONER PALAKKAD. 3. THE DEPUTY TAHSILDAR (RR) KUNNATHUNADU TALUK,PERUMBAVOOR. BY SR. GOVERNMENT PLEADER SRI. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.11358 OF 2008 ---------------------------------------- Dated this the 3rd day of April, 2008 JUDGMENT The petitioner is challenging Ext.P5 order. From the last sentence of Ext.P5, it is evident that it is only a show cause notice directing the petitioner to show cause why proposal contained in Ext.P5 should not be implemented. In the above circumstances, it is not necessary to interfere with Ext.P5 at this point of time. It would be open to the petitioner to file reply to Ext.P5 as directed in Ext.P5 and the the 2 nd respondent shall consider the petitioner's reply to Ext.P5 also before taking any further action as proposed in Ext.P5. The petitioner would be free to rely on Ext.P7 judgment or any other material, which would support the petitioner's contentions and the 2 nd respondent shall consider applicability of Ext.P7 judgment or any other material which the petitioner places before the 2 nd respondent pursuant to Ext.P5, to the petitioner's case. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd