IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 WP(C).No. 7796 of 2008(C) ------------------------- PETITIONER: ------------- JOSE PHILIP, S/O. PACHI PHILIP, KAVUNNUKATTIL HOUSE, KIDANGOOR, KOTTAYAM DISTRICT. BY ADV. SRI.MATHEW JOHN (K) SRI.AJEESH K.SASI RESPONDENTS: ----------------- 1. THE COMMISSIONER OF EXCISE, TRIVANDRUM. 2. THE ASSISTANT EXCISE COMMISSIONER, KOTTAYAM. 3. THE TAHSILDAR (RR), PALA. R1 & R2 BY SENIOR GOVT. PLEADER, SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------- W.P(C) No. 7796 OF 2008 ----------------------------------- Dated this the 7th day of March, 2008 JUDGMENT A limited contention of the petitioner is that, the demands at Sl. Nos. 1 & 2 in Exts.P5 & P6 are covered by Ext.P3 judgment of this court and as payment of amounts are covered by that judgment, there can be no further demand in that regard. This writ petition is therefore disposed of, directing that the 2nd & 3rd respondents will look into Exts.P3, P4 & P7 and it shall be ensured that matters which become final in terms of Ext.P3, are not reopened and no further demands enforced. Pending such consideration, there shall be no sale or other distress action against items 1 & 2 in Exts.P5 & P6. Petitioner shall also be given an opportunity of being heard. THOTTATHIL B. RADHAKRISHNAN, JUDGE ttb WPC No. 6246 OF 2008 2