IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(C).No. 7800 of 2009(Q) ------------------------------------ PETITIONER(S): ---------------------- E.M. JOSE, ILLIKUNNUMPURATH HOUSE, KARIMKUNNAM, THODUPUZHA, IDUKKI DISTRICT. BY ADV. MR.GEORGE POONTHOTTAM RESPONDENT(S): ------------------------- 1. THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXCISE COMMISSIONER, IDUKKI. 3. THE EXCISE INSPECTOR, EXCISE RANGE, THODUPUZHA. R1 TO R3 BY GOVERNMENT PLEADER MR.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J ----------------------- W.P(C)No. 7800 OF 2009 --------------------------------- Dated this the 27th day of March, 2009 JUDGMENT This writ petition is filed with a prayer to direct the 1st respondent to permit the petitioner to compound the offence as provided under Section 67(1) of the Kerala Abkari Act in Crime No. 21/2008 of the Thodupuzha Excise Range. The facts of the case would reveal that the Department did give an opportunity for the petitioner to compound which was not availed of by the person concerned. Now it is submitted that they may be permitted to file a representation before the Department for consideration for compounding of the offence. The compounding of the offence is a matter between the person concerned and the Department. The Department can exercise its power in the case of compounding with the well settled norms and principles of law. Therefore with liberty to file a petition seeking permission to compound and with a further direction to the Department to consider it in accordance with law within a period of ten days from the date of filing of that application, this W.P(C) is disposed of. M.N. KRISHNAN, JUDGE vkm