IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 WA.No. 1169 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.15110/2009 Dated 03/06/2009 .................... APPELLANTS/ PETITIONERS ------------------------- 1. AJITH. S/O.ASHOKAN, VELIPADEETTATHIL HOUSE, KRISHNAPURAM PO, KARTHIKAPPALLY, ALAPPUZHA DISTRICT. 2. JAYAPRABHA, AGED 42 YEARS,S/O.SANKU SANKARALAYAM HOUSE, KRISHNAPURAM PO KAYAMKULAM, ALAPPUZHA DISTRICT. 3. MADANAN,S/O.KUNJU PANICKER SIVA SADANAM, CHERAVALLY, KAYAMKULAM, ALAPPUZHA DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENTS/RESPONDENTS: ---------------------- 1. STATE OF KERALA REP BY THE SECRETARY TAXES (A) DEPARTMENT, GOVT. SECRETARIAT THIRUVANANTHAPURAM. 2. THE COMMISSIONE OF EXCISE EXCISE COMMISSIONERATE, PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM. 3. THE DEPUTY EXCISE COMMISSIONER, ALAPPUZHA. 4. THE EXCISE INSPECTOR , EXCISE RANGE OFFICE, KAYAMKULAM, ALAPPUZHA DISTRICT. GOVT.PLEADER, SMT.R.BINDU THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08/06/2009, ALONG WITH W.A.NO.1174/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ---------------------------------------- W.A.Nos.1169 & 1174 OF 2009 ---------------------------------------- Dated this the 8th day of June, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The point raised by the appellants in these cases is squarely covered against them by the decision of this Court in Komalan v. State of Kerala [2009(2) KLT 744]. Accordingly, these writ appeals are liable to be dismissed. But, the learned senior counsel, Sri.C.C.Thomas, who appeared for the appellants brought to our notice an interim order passed by the Hon'ble Supreme Court, a copy of which is produced as Ext.P5. It is an order passed by the Apex Court in petitions for Special Leave to Appeal (Civil) Nos. 11420-11434/2009. By that order, stay of prosecutions has been granted to the petitioners therein, if the violations are before the filing of writ petitions by them. Since the appeals cannot be entertained in view of the judgment in Komalan v. State of Kerala, there is no question of consideration of interim order in this case. Relying on the judgment in Komalan v. State of Kerala, these writ appeals are dismissed. (K.BALAKRISHNAN NAIR, JUDGE) (C.T.RAVIKUMAR, JUDGE) ps