IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 17998 of 2005(P) -------------------------------------- PETITIONER: ----------------- P.V.REJIMON, PUTHENPURACKAL, POOTHAKUZHY P.O. KOTTAYAM. BY ADV. SMT.GIRIJA.L. RESPONDENTS: ----------------------- 1. THE ASSISTANT EXCISE COMMISSIONER, KOTTAYAM. 2. THE ADDITIONAL EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 3. THE COMMISSIONER OF EXCISE, TRIVANDRUM. BY GOVERNMENT PLEADER SRI.MOHAMMED ANZAR K.J. - R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).17998/2005-P APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF JUDGMENT DATED 01/01/04 IN S.C.281/03 OF THE SESSIONS COURT, KOTTAYAM. EXT.P2: COPY OF THE ORDER DATED 17/12/04 OF THE ADDL. EXCISE COMMISSIONER, TVPM TO THE PETITIONER. EXT.P3: COPY OF JUDGMENT DATED 11/02/05 IN W.P.(C). NO.4375/05(U) OF THE HON'BLE HIGH COURT OF KERALA. EXT.P4: COPY OF THE ORDER DATED 27/04/05 OF THE ADDL. EXCISE COMMISSIONER TO THE PETITIONER. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // Rs/ KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No. 17998 OF 2005 --------------------------------------- Dated this the 18th day of July, 2008. J U D G M E N T Exhibit P4 order passed by the Commissioner of Excise is under challenge. One of the main grounds taken in the writ petition is that it is a non-speaking order. The order is extracted below: “This is to inform you that on consideration of your Revision Petition, it is found that it has no relevancy under Section 67F of the Abkari Act 1 of 1077. Hence your application for revision is rejected”. 2. Being a statutory revision petition, the contention raised by the petitioner is apparently correct. There is no consideration as to the contentions taken by the petitioner. The grounds for rejection of the revision petition cannot be explained in the counter affidavit. It should be available in the order itself. Exhibit P4 is accordingly quashed with a direction to the Commissioner of Excise to pass fresh orders in accordance with law, with notice to the petitioner, within a period of six months from the date of production of a copy of this judgment. The fate W.P.(C) No. 17998/05 2 of the payment made by the petitioner will depend on the action thus taken by the Commissioner. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp W.P.(C) No. 17998/05 3 KURIAN JOSEPH, J. W.P.(C) No. 17998 OF 2005 J U D G M E N T 18.07.2008