IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 WP(C).No. 24099 of 2008(R) -------------------------- PETITIONER: --------------- EMPEE DISTILLERIES LTD., NEW INDUSTRIAL DEVELOPMENT AREA, MENON PARA ROAD, KANJIKODE P.O., PALAKKAD 678 621, REPRESENTED BY ITS REGIONAL SALES MANAGER, T.N.SATHISH. BY ADV. SRI.MILLU DANDAPANI RESPONDENTS: ----------------- 1. THE EXCISE CIRCLE INSPECTOR KSBC FL-9 SHOP (KSBC WAREHOUSE), CHALAKKUDY THRISSUR DISTRICT. 2. THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 3. THE MANAGER, KSBC FL-9 SHOP (KSBC WAREHOUSE), CHALAKKUDY THRISSUR DISTRICT. 4. KERALA STATE BEVERAGES (MFG. & MKTG.) CORPORATION LTD., THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SRI.P.J.ELVIN PETER,SC,BEVERAGES CORPN. FOR R3 & 4 GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 24099 OF 2008 R ==================== Dated this the 27th day of August, 2008 J U D G M E N T The prayer sought for by the petitioner is to direct the 1st respondent to release consignment of 650 cases of IMFL transported from the petitioner's company as per Ext.P1 to the FL-9 Shop of the 3rd respondent. There is a further prayer to refund the amount of Rs.10,000/- remitted by the petitioner towards fee for regularising the shortage of 5 bottles. 2. Now the petitioner is accepting their liability to pay regularisation charges and accordingly, the payment has also been made. It is also his case that an additional amount of Rs.10,000/- also has been paid, which is also not disputed. 3. Now that the petitioner has paid regularisation charges as above and the matter has been regularised, there is no reason why the consignment referred to above should not be released, which of course is a matter which the Excise Department will have to do. 4. In view of the position as above, this writ petition is WPC 24099/08 :2 : disposed of directing that the 1st respondent shall release the consignment of 650 bottles of IMFL transported under Ext.P1 to the 3rd respondent forthwith on production of a copy of this judgment. ANTONY DOMINIC, JUDGE Rp