IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 WP(C).No. 1762 of 2011(U) -------------------------------------- PETITIONER(S): ----------------------- P.L.JACOB, PADINJAKARA HOUSE, KUTTIKADU.P.O., CHALAKUDY, TRISSUR. BY ADV. SRI.T.RAJESH SRI.T.J.JIJO RESPONDENT(S): -------------------------- 1. GOVERNMENT OF KERALA, REPRESENTED BY THE SECRETARY, TAX DEPARTMENT TRIVANDRUM-695 001. 2. EXCISE COMMISSIONER, COMMISSIONER OFFICE, TAX BHAVAN, TRIVANDRUM-695 001. 3. THE EXCISE INSPECTOR, EXCISE OFFICER, MALA-680 732. 4. THOMAS, S/O. XAVIER KACHAPALLY, TAZHUKKARA, MUKUNDAPURAM-680 001. R1 TO R3 BY GOVERNMENT PLEADER SRI.K.R.DEEPA R4 BY SRI.K.RAMAKUMAR, SENIOR ADVOCATE BY ADV. SRI.T.RAMPRASAD UNNI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.T. RAVIKUMAR, J. ------------------------------------------------- WP (C) No. 1762 of 2011 -------------------------------------------------- Dated this the 10th day of February, 2011 JUDGMENT Against the alleged illegal action on the part of the 4th respondent the petitioner has made many complaints before the appropriate authorities. In the meanwhile a raid was conducted by the Vigilance and Anti-Corruption Bureau in the residential house of the 4th respondent. During the course of raid the Vigilance and Anti-Corruption Bureau the concerned officers who conduct the raid found that the 4th respondent had stored 29 bottles of Indian made Foreign Liquor along with one bottle of imported foreign liquor. The said fact was duly, informed to the 3rd respondent by Vigilance and Anti-Corruption Bureau. Pursuant to the same the 3rd respondent had registered a crime. Exhibit P1 is the occurrence report in Crime No. 28/10 of the Irinjalakkuda Excise Range, registered pursuant to the said information against the 4th respondent. This writ petition has been filed alleging that the 3rd respondent had failed to conduct a proper and fair WP (C) No. 1762 of 2011 2 investigation. The basis for the said submission is that, despite the fact that 29 bottles of Indian made liquors and one bottle of foreign liquor were seized from the house of the 4th respondent, the 4th respondent was not properly charge-sheeted. When this matter is taken up the learned Government Pleader submitted that charge under Section 55(a) of the Abkari Act was subsequently incorporated and thereafter, a charge sheet was laid before the competent Court. In view of the said facts, I think that the petitioner cannot have any further grievance. The learned counsel appearing for the petitioner has also submitted that in view of the subsequent actions taken by the 3rd respondent nothing survives for further consideration. In view of the said position obtained in this case, this writ petition is closed. C.T. RAVIKUMAR, JUDGE. rkc