IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 W.A.No. 1029 of 2008 ----------------------------------- AGAINST THE ORDER IN WPC.12459/2008 DATED 10/04/2008 .................... APPELLANTS/RESPONDENTS 1 TO 4 IN WPC ---------------------------------------------------------------- 1. THE EXCISE INSPECTOR, NORMANDY BREWERIES AND DISTILLERY PRIVATE LIMITED CHEEMENI (VIA), CHERUVATHOOR, KASARAGOD DISTRICT KERALA. 2. CIRCLE INSPECTOR OF EXCISE, THALIPPARAMBA. 3. DEPUTY COMMISSIONER OF EXCISE, NORTHERN ZONE, KOZHIKODE 4. COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. BY SR.GOVERNMENT PLEADER SMT.K.MEERA RESPONDENT/PETITIONER IN WPC --------------------------------------------------- NORMANDY BREWERIES & DISTILLERY PVT.LTD. CHEEMENI (VIA), CHERUVATHOOR, KASARAGOD DISTRICT KERALA - 671 313, REP. BY ITS MANAGING DIRECTOR, K.T.JOSEPH BY ADV.SRI.ANIL D.NAIR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- W.A.No.1029 of 2008 ------------------------------------------ Dated, this the 18th day of July, 2008 JUDGMENT H.L.Dattu, C.J. Being aggrieved by the ex parte interim order passed by the learned Single Judge in W.P.(C) No.12459 of 2008 dated 10th April, 2008, the State is before us in this writ appeal. 2. The learned Single Judge while entertaining the writ petition has granted an interim order. The said interim reads as under: “There will be an interim order as prayed for, if the petitioner provisionally deposits an amount of Rs.10 lakhs within a period of three months.” 3. Admittedly, it is an ex parte interim order passed by the learned Single Judge. If for any reason, the respondents in the writ petition are aggrieved by the said ex parte interim order, they can definitely file an appropriate application before the learned Single Judge for modification/vacating the interim order granted. W.A.No.1029 of 2008 2 4. In that view of the matter, we decline to entertain this writ appeal. Accordingly, the writ appeal is rejected. 5. However, we reserve liberty to the appellants, if they so desire, to make an appropriate application before the learned Single Judge for modification/vacating the ex parte interim order. 6. Consequently, I.A.No.499 of 2008 also stands rejected. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns