IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 WP(C).No. 18408 of 2009(U) -------------------------------------- PETITIONER(S): ----------------------- V.N. HARIAPPAN, S/O.NARAYANAN, PATTARATHARA HOUSE, THOTTAKAM P.O., VAIKOM, KOTTAYAM. BY ADV. MR.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE, EXCISE COMMISSIONERATE, THIRUVANANTHAPURAM. 3. THE DEPUTY COMMISSIONER OF EXCISE, KOTTAYAM. R1 TO R3 BY GOVERNMENT PLEADER MR.V. MANU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.18408 OF 2009 ------------------------------------------- Dated this the 1st day of July, 2009 JUDGMENT This writ petition is filed on the ground that Ext.P6 has been issued without hearing the petitioner, though there is earlier direction of this Court that he shall also be heard. The fact remains that it was the petitioner who did not appear, though he states that he had placed an application for adjournment of the matter. If the aforesaid facts are correct, it would only be appropriate for the Commissioner of Excise to consider any request of the petitioner for a re-hearing on that issue. Let that be done if the petitioner makes appropriate application. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.2/7.