IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 WA.No. 1240 of 2004() --------------------- AGAINST THE JUDGEMENT IN WPC.6895/2004 Dated 27/02/2004 .................... APPELLANT: RESPONDENTS IN THE WRIT PETITION. -------------------------------------------- 1. THE ASSISTANT EXCISE COMMISSIONER, WAYANAD. 2. THE ADDITIONAL EXCISE COMMISSIONER, KERALA STATE. THIRUVANANTHAPURAM. 3. THE EXCISE COMMISSIONER, KERALA, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SMT.K.MEERA RESPONDENTS: PETITIOENR IN THE WRIT PETITION. --------------------------------------------- A.C.MOHAMMED, ARICHOLAYIL HOUSE, PALUMOOLA, SULTHANBATHERY, PULPALLY P.O. WAYANAD. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SMT.RESHMI POULOSE THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & K. HEMA, JJ. -------------------------------------------- W.A.No. 1240 of 2004 -------------------------------------------- Dated this the 17th day of January, 2008. JUDGMENT Koshy, J: By the impugned order, learned single Judge, after considering the facts, directed the appellant to hear the revision filed by the petitioner (respondent herein) and dispose of the same in accordance with law. The Writ Appeal is filed contending that there is no power for revision by the authority. True, the Apex Court also upheld that position in Civil Appeal No.225 of 1999. However, the Honourable Supreme Court also held that if the party has moved a revision application in appropriate cases, the authority can take it as it was brought to the notice of the authority and therefore it can be treated as a suo moto revision. On the facts of the case, learned Single Judge found that it is a case where revisional authority shall hear the revision and pass appropriate orders. In any event, it is for the revisional authority to decide the matter and no harm is done to the appellant. We see no ground to interfere with the impugned judgment. Appeal is dismissed. J.B.KOSHY, JUDGE. K. HEMA, JUDGE. Krs.