IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 OP.No. 18707 of 2001(B) ----------------------- PETITIONERS: --------------------- 1. A KISHORE, 'ANJALI' KANNAMCODE, VETTIKKAVALA, KOTTARAKKARA. 2. A.SHAFFI, 'SAJILA MANZIL', PEYAD, NEYYATTINKARA. 3. P.SURENDRAN, CHENNAMKONATHU PUTHEN VEEDU, VELLANADU, NEDUMANGAD BY ADV. SRI.K.P.DANDAPANI RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, EXCISE DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 3. THE ASSISTANT EXCISE COMMISSIONER, PATHANAMTHITTA. BY GOVERNMENT PLEADER FOR R1 TO 3, SRI. M.R. SABU THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR, J ============== O.P.No. 18707 OF 2001 ==================== Dated this the 18th day of July, 2008. J U D G M E N T The point raised by the petitioners is covered against them by the recent Division Bench decision of this Court in State of Kerala v. Biju Thomas (2007 (4) KHC 552). Accordingly, the original petition is liable to be dismissed. But learned senior counsel for the petitioners submitted that at present there is an Amnesty Scheme and they propose to move for reliefs under that Scheme and they may not be prejudiced by the dismissal of the original petition. Amnesty Scheme, being an independent and separate Scheme, the rights if any, of the petitioners to get the benefit of the same will not in any way be affected by the dismissal of this original petition. Subject to that observation, this original petition is closed. K.BALAKRISHNAN NAIR, JUDGE bkn/-