IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 WP(C).No. 1964 of 2008(H) ------------------------------------------ PETITIONER: --------------------- MOIDEEN SHA, S/O.ABDUL KHADER, AGED 56, THOPPIL PARAMBIL HOUSE, KATTUNGACHIRA, IRINJALAKKUDA NORTH P.O., THRISSUR-680 125. BY ADV. SRI.S.SREEKUMAR RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, EXCISE GOVT. SECRETARIAT, TRIVANDRUM. 2. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, TRIVANDRUM. 3. THE ADDITIONAL EXCISE COMMISSIONER, TRIVANDRUM. 4. THE ASSISTANT EXCISE COMMISSIONER, KOLLAM. BY SR. GP. AMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No. 1964 OF 2008 = = = = = = = = = = = = = Dated this the 31st day of January, 2008. = = = = = = = = = = = = = = = = = = = = J U D G M E N T The impugned order is issued by stating that the suo motu power of revision is not extended because it is already decided by the Excise Commissioner that the order passed in appeal is not to be revised. It is also stated in the impugned order that the amounts have to be deposited as fee in terms of the Legal Benefit Funds. These issues are covered in favour of the petitioner by the judgment in W.A. No.4049/2001. Accordingly, the impugned order is quashed and the Excise Commissioner is directed to take up the application of the petitioner and decide upon the same in terms of the declaration of law as contained in the judgment referred to above. The bank guarantee/bond executed by the petitioner shall not be invoked till then. The Writ Petition is allowed as above. THOTTATHIL B. RADHAKRISHNAN JUDGE bkn/-