IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 RP.No. 304 of 2011() -------------------- AGAINST THE JUDGEMENT IN WPC.23131/2009 Dated 07/10/2010 .................... REVIEW PETITIONER: PETITIONER ------------------------------------------------- HOTEL SKY PALACE, METRO TOWER, THAVAKKARA ROAD, KANNUR-670002, REPRESENTED BY ITS PARTNER. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.S.SHYAM PRASANTH RESPONDENTS/RESPONDENTS:: ---------------------------------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM-695033. 3. THE DEPUTY COMMISSIONER OF EXCISE, EXCISE INTELLIGENCE AND INVESTIGATION BUREAU, HEADQUARTERS, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 4. THE DEPUTY EXCISE COMMISSIONER, KANNUR. BY GOVT.PLEADER SMT.NISHA BOSE THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 20/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX IN R.P.NO.304/11 PETITIONER'S EXTS: CERTIFIED COPY OF JUDGMENT DT.7.10.2010 IN W.P.(C) No.23131/098 OF THIS COURT. ANNEXURE A1: TRUE COPYOF ARGUMENT NOTE SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DT.25.11.10. ANNEXURE A2: TRUE COPY OF COMMUNICATION DT.24.3.11 VIDE NO.XC1- 30509/05 ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT. ANNEXURE A3: TRUE COPY OF CIRCULAR NO.XC6-5975/09 DT.14.3.11 ISSUED BY THE 2ND RESPONDENT. TRUE COPY P.A.TO JUDGE T.R.RAMACHANDRAN NAIR, J. ------------------------------------- Review Petition No.304 OF 2011 in W.P.(C)No.23131 Of 2009-J -------------------------------------------------- DATED THIS THE 20th DAY OF JUNE, 2011 O R D E R This Review Petition is filed at the instance of the petitioner in the Writ Petition. The cause of action for filing this Review Petition is Annexure A2, a letter from the Excise Commissioner, Thiruvananthapuram to the Principal Secretary, wherein certain points have been raised for consideration. It is the case of the petitioner that the same cannot be justified. 2. The learned Government Pleader submitted that it is only an internal communication between the Excise Commissioner and the Principal Secretary and it is not a ground to review the judgment. 3. I am satisfied that the petitioner has no cause of action for filing this Review Petition. 4. The learned counsel for the petitioner then submitted that the petitioner may be allowed to raise the contentions with regard to Annexure A2 before the Government. It is open to the petitioner to raise all contentions before the Government. With the above observation, the Review Petition is disposed of. SD/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn