IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933 WP(C).No. 10416 of 2011(B) -------------------------- PETITIONER: --------------- ANUMON,AGED 36 YEARS,S/O.EBRAHIM RAVOOTHER,BEENA BHAVAN,ATHIKKATTUKULANGARA, PALAMEL VILLAGE,NOORNADU,ALAPPUZHA. BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S): --------------- 1. DEPARTMENT OF EXCISE,REP:BY ITS SECRETARY,GOVERNMENT SECRETARY,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001. 2. EXCISE COMMISSIONER,EXCISE COMMISSION OFFICE COMPLEX,THIRUVANANTHAPURAM-695001. 3. DEPUTY EXCISE COMMISSIONER,DEPUTY EXCISE COMMISSIONER OFFICE,ALAPPUZHA-690101. 4. EXCISE RANGE INSPECTOR,EXCISE OFFICE, NOORNADU,ALAPPUZHA-690504. R1 TO R4 BY GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jkk C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 10416 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of April, 2011 JUDGMENT The petitioner is a manufacturer of Ayurvedic medicines. He is conducting the same on the strength of Ext.P1 licence. On 20.7.2010 the Alappuzha Excise Exnforcement and Anti Narcotic special squad conducted a search in the premise of the manufacturing unit by name Sanjivani Ayurvedics. They have seized huge quantities of medical preparations and alleging that they include medical preparations for which the petitioner was licensed, but for in excess of permissible limit and even for unlicensed preparations, a crime was registered against the petitioner as crime No.48/10 of Nooranadu Excise range under section 12(A),12(b) read with section 63 of Kerala Abkari Act and Rule 6(3) of Kerala Spirituous Preparation(Control) Rules and Section 7 (a) and (c) of Medicinal and Toilet preparations (Excise Duty) Act, 1955. The said case is now pending before the Judicial First Class Magistrate Court II, as S.T.No.378/10. Thereafter, the first respondent issued Ext.P5 notice to the petitioner. The petitioner was then, afforded with an opportunity of being heard and thereupon, Ext.P6 order was passed. As per Ext.P6, Ext.P1 WPC No.10416/2011 2 license and its allied licenses issued to the petitioner were cancelled. Feeling aggrieved by Ext.P6 order, the petitioner preferred an appeal under section 127 of the Medicinal and Toilet preparations(Excise Duties) Rules before the 1st respondent. Along with Ext.P7 the petitioner has also moved Ext.P8 stay petition. This writ petition has been filed on being aggrieved by the delay in the matter of disposal of Exts.P7 and P8. 2. Evidently, on being aggrieved by Ext.P6 order the petitioner has already availed the statutory remedy and filed Ext.P7 appeal under Section 127 of the Medicinal and Toilet preparation (Excise Duties)rules and it is pending. Since, the petitioner has already availed the statutory remedy and preferred appeal before the competent authority and it is pending before the appellate authority, I do not think it necessary to consider the contentions raised in this writ petition on merits at this stage. Therefore, without making any observation as to the merits of the contentions raised in this writ petition, it is disposed of with a direction to the first respondent, appellate authority to consider Ext.P7 appeal and pass orders thereon, expeditiously, at any rate, within a period WPC No.10416/2011 3 of two weeks from the date of receipt of a copy of this judgment. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge