IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 WA.No. 2080 of 2008() --------------------- (JUDGMENT IN O.P. NO.28364/2002 OF THIS COURT) APPELLANT: -------------- JOSE THOMAS, S/O. THOMAS, AGED 39 YEARS, PARAVARAKATTU HOUSE, ELLACKAL KARA, BAISON VALLEY VILLAGE, UDUMBANCHOLA TALUK,IDUKKI DISTRICT. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.R.SADEESAN SRI.T.S.SHYAM PRASANTH RESPONDENTS: --------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NEW DELHI. 2. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 3. NARCOTIC CONTROL BUREAU, REPRESENTED BY DIRECTOR GENERAL NEW DELHI. 4. THE SUPERINTENDENT, NARCOTIC CONTROL BUREAU, THIRUVANNTHAPURAM. 5. THE COMMISSIONER, CENTRAL EXCISE, ERNAKULAM. 6. THE JURISDICATIONAL CHIEF COMMISSIONER, COMISSIONER OF CUSTOMS AND CENTRAL EXCISE, NEW DELHI. 7. THE DIRECTOR GENERAL,REVENUE INTELLIGENC E, NEW DELHI. 8. THE DIRECTOR GENERAL (CEI), CUSTOMS AND CENTRAL EXCISE, NEW DELHI. 9. MRS. SANDHYA, D.I.G., OF POLICE, NARCOTIC CELL, THIRUVANANTHAPURAM, 10. MR.RAMANATHAN, POTHEN, SUPERINTENDENT OF POLICE, NARCOTIC CELL, THIRUVNANTHAPURAM. (DELETED) (10TH RESPONDENT DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT AS PER ORDER DT.28.1.2009 IN I.A. NO.71/2009.) GOVT. PLEADER SMIT.MEERA FOR R2 ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR 1,,5,6,8 SRI.C.P.UDAYABHANU FOR R3,4 & 7 SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1&7 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN, AG. C.J. & C.N.RAMACHANDRAN NAIR, J. .................................................................... Writ Appeal No.2080 of 2008 .................................................................... Dated this the 16th day of February, 2010. JUDGMENT Raman, Ag. C.J. Appellant is the writ petitioner who claims to be an informant for detection of Ganja in different parts of Idukki District and on that basis, he puts forth the claim for being rewarded. But when the appellant was refused to be given any reward, he approached this Court by filing the Writ Petition. The learned Single Judge eventually dismissed the Writ Petition against which appeal is filed. 2. During the pendency of the appeal, the Deputy Secretary informed the appellant by letter dated 29.1.2009 as "Anoudyogiga Kurippu" that instruction has been given to the Excise Commissioner to give him reward as is allowable under law. He has produced this communication as Annexure-A. Copy of the Government Order addressed to the Excise Commissioner is produced as Annexure-A2. In view of the subsequent development as noticed above, the appellant seeks to withdraw the Writ Appeal and the Writ Petition with WA 2080/2008 2 liberty to pursue his remedy pursuant to Annexures A and A2. In the circumstances, after hearing both sides, permission is granted to withdraw the Writ Appeal and the Writ Petition and the judgment of the learned Single Judge is vacated. This is without prejudice to the appellant's right to pursue his remedies pursuant to Annexures A and A2. P.R.RAMAN Acting Chief Justice C.N.RAMACHANDRAN NAIR Judge pms