IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 21ST JUNE 2010 / 31ST JYAISTHA 1932 WA.No. 1014 of 2010() --------------------- AGAINST THE JUDGEMENT IN WPC.10791/2010 Dated 31/03/2010 .................... APPELLANT/PETITIONER:- ------------------------------------- MESSRS.BLUE STAR LIMITED, MILLENIUM PLAZA, ALINCHUVADU, MKK NAIR ROAD, COCHIN : 682 024, REP: BY AUTHORISED SIGNATORY. BY ADV. SRI.A.KUMAR. RESPONDENT(S)/RESPONDENTS:- ---------------------------------------------- 1. THE INTELLIGENCE INSPECTOR, COMMIERCIAL TAXES, EDAPPALLY, KOCHI : 24.1.1962 2. PAYYANNUR PROPERTY DEVELOPERS PVT.LTD; OPP.POLICE QUARTERS, PAYYANNUR, KANNUR. R1 BY GOVT.PLEADER SRI.MOHAMMED RAFEEQ. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.Ramachandran Nair & P.S.Gopinathan, JJ. ============================================ W.A.No.1014 of 2010 ============================================ Dated this the 21st day of June, 2010. JUDGMENT Ramachandran Nair, J. Writ appeal is filed against the judgment of the learned single Judge for the reason that the observations and findings in the judgment will influence the adjudicating authority before which penalty proceedings are pending. After hearing counsel for the appellant and after going through the judgment, we find that the learned single Judge dismissed the writ petition with a cost of Rs.10,000/- on account of the apparent conflicting stand taken by the petitioner. We find force in the contention of the appellant that the observation in the judgment will certainly influence the adjudicating authority before which proceedings are pending. We, WA1014/10 -:2:- therefore, direct the adjudicating authority to dispose of the penalty proceedings uninfluenced by the observations or findings in the judgment leaving it open to the appellant to raise all the contentions before the adjudicating authority. Writ appeal is disposed of as above. C.N.Ramachandran Nair, Judge. P.S.Gopinathan, Judge. sl.