IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 WP(C).No. 10321 of 2010(Q) -------------------------- PETITIONERS:- -------------------- 1. SAJIMON, AGED 28 YEARS, S/O.BALAKEISHNAN, SAJI VILASAM,ALAPATTU DESOM, KEEDHTHONNACKAL VILLAGE, THIRUVANANTHAPURAM DIST. 2. SHIJU, AGED 32 YEARS, S/O.DAMODHARAN, MEKKUMKARA PUTHENVEETTIL, ARASUPARAMBU DESOM,NEDUMANGADU VILLAGE, THIRUVANATHAPURAM DISTRICT. 3. SHIBY, AGED 31 YEARS, S/O.KARUNAKARAN, SHIBY BHAVAN,INCHAVILAKATHU, KAZHIVOOR DESOM,KANJURAMKULAM VILLAGE, THIRUVANANTHAURAM DISTRICT. 4. MADHU, AGED 54 YEARS,,S/O.VISWAMBHARAN, T.C-14/1919,CHERUVILA HOUSE, PALAYAM DESOM,VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM DIST. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENTS:- ---------------------- 1. THE EXCISE INSPECTOR,EXCISE RANGE OFFICE CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT. 2. THE CIRCLE INSPECTOR OF EXCISE, ATTINGAL, THIRUVANANTHAPURAM DIST. 3. THE DEPUTY COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 4. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. ( PTO ) -: 2 :- 5. THE JOINT EXCISE COMMISSIONER, SOUTHERN RANGE, THIRUVANATHAPURAM 6. STATE OF KERALA REP.BY SECRETARY, TAXES(A) DEPARTMENT,GOVT.SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT.PLEADER SMT.ANCY PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 10321 of 2010(Q) APPENDIX PETITIONERS' EXHIBITS:- P1: PHOTOCOPY OF THE CRIME AND OCCURRENCE REPORT IN CR.NO.19 OF 2010 REGISTERED BY THE FIRST RESPONDENT. P2: PHOTOCOPY OF THE MAHAZAR DTD.23.3.2010 PREPARED BY THE FIRST RESPONDENT. P3: PHOTOCOPY OF THE ORDER DTD.1.6.2009 IN CRL.M.C.NO.1009/2009 PASSED BY THIS HON'BLE COIURT. P4: PHOTOCOPY OF THE ORDER DTD.13.6.2008 IN CRL.MC.NO.2096/2008 PASSED BY THIS HON'BLE COURT. P5: PHOTOCOPY OF THE SHOW CAUSE NOTICE NO.XA1-28700/09/TVPM, DTD.27.3.2010 ISSUED BY THE EXCISE COMMISSIONER. RESPONDENTS' EXHIBITS:- R3(a): COPY OF CHEMICAL ANALYSIS REPORT. R3(b): COPY OF LICENCE EXTRACT. R3(c): COPY OF ORDER DTD.9.9.2010. ( TRUE COPY ) P.A. TO JUDGE. Kvs/- Bhabani Prasad Ray, J. ==================================== W.P.(C)No.10321 of 2010 ==================================== Dated this the 18th day of March, 2011. JUDGMENT Heard the learned counsel for the petitioners and the learned Government Pleader. Learned Government Pleader states that investigation is almost complete and final report will be filed within six weeks from today. In view of such submission, nothing remains to be adjudicated in this writ petition. Learned counsel for the petitioners states that the petitioners may be permitted to withdraw the writ petition with liberty to file a fresh writ petition. Without prejudice to their contentions, permission is granted to file a fresh writ petition, if fresh cause of action arises. Writ petition is disposed of as above. Bhabani Prasad Ray, Judge. sl.