IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 RP.No. 12 of 2009(L) -------------------- AGAINST THE JUDGEMENT IN WPC.27630/2008 Dated 24/10/2008 REVIEW PETITIONER(S): 3RD PARTY. LALU C.K., S/O. KESAVAN, AGED 40 YEARS, CHERAI HOUSE, NELLAYI-680 305. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT(S): 1. PARAMESWARAN, S/O. RAMAN, VETTIYATTIL, THEKKUM MURI DESOM, VARANTHARAPPILLY VILLAGE, MUKUNDAPURAM TALUK. 2. THE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 2. THE ASST. EXCISE COMMISSIONER, THRISSUR. 4. THE CIRCLE INSPECTOR OF EXCISE, IRINJALAKKUDA, THRISSUR. ADV. SRI.M.C.JOHN FOR R1 GOVT. PLEADER SRI. MUHAMMED ANZAR. THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 19/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= R.P.No. 12 of 2009 in W. P (C) No. 27630 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 19th January, 2009. O R D E R Learned counsel for the petitioner in the writ petition submits that it is true that Annexure A2 produced along with the review petition was not brought to the attention of this Court in the writ petition by oversight although the petitioner was in possession of that document at the time of filing the writ petition. It is also submitted that the petitioner in the review petition was not impleaded in the writ petition only by oversight and admits that since it was at his instance Annexure A2 order was passed, the petitioner in the review petition is a person interested who should have been impleaded in the writ petition. The petitioner in the writ petition is agreeable for a re- consideration of the matter at the hands of this Court . In view of this agreement, the judgment dated 24-10-2008 is recalled. The petitioner in the writ petition shall suitably amend the writ petition incorporating Annexure A2 and also impleading the petitioner in the review petition as an additional respondent in the writ petition. Till the writ petition is heard and disposed of afresh, the petitioner in the writ petition shall not conduct the toddy shop pursuant to the order of shifting issued to the petitioner on the strength of my judgment. The review petition is allowed as above. Post the writ petition next week. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.