IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 WP(C).No. 8410 of 2008(A) ------------------------------ PETITIONER: -------------- M/S.CASSANOVA DISTILLERIES PVT. LTD. NATTAKOM P.O., KOTTAYAM, PIN 686 013. REPRESENTED BY ITS PRODUCTION MANAGER MR.K.N.BELRAJ. BY ADV. SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENTS: ----------------- 1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF TAXES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE EXCISE COMMISSIONERATE,THIRUVANANTHAPURAM. 3. THE DEPUTY COMMISSIONER OF EXCISE SOUTH ZONE,THIRUVANANTHAPURAM. 4. THE ASSISTANT EXCISE COMMISSIONER KOTTAYAM. 5. THE EXCISE INSPECTOR M/S.CASSANOVA DISTILLERIES PVT. LTD. KOTTAYAM - 686 013. BY GOVT. PLEADER SRI. K.V. MANOJKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE PHOTOCOPY OF THE LICENSE IN FORM NO. 1 EXHIBIT P2 : TRUE PHOTOCOPY OF THE LICENCSE ISSUED IN FORM NO. II EXHIBIT P3 : TRUE PHOTOCOPY OF THE LICENSE IN FORM NO. III UNDER RULE 11 (D) OF PART I OF THE RULES. EXHIBIT P4 : TRUE PHOTOCOPY OF THE COMMUNICATION BEARING NO. DP6.2251/85 DATED 24.11.1992 ISSUED BY THE ASSISTANT EXCISE COMMISSIONER (D&P), THIRUVANANTHAPURAM. EXHIBIT P5 : TRUE PHTOCOPY OF THE CERTIFICATE DATED 7.1.1993. EXHIBIT P6 : TRUE PHOTOCOPY OF THE DEMAND NOTICE DATED 22.02.2001. EXHIBIT P7 : TRUE PHOTOCOPY OF THE OBJECTION DATED 16.3.2001. EXHIBIT P8 : TRUE PHOTOCOPY OF THE ORDER BEARING NO. SZ8-1760/03-1 DATED 30.6.2003 ALONG WITH ANNEXURE-I CONSOLIDATED DEMAND IN RESPECT OF THE PETITIONER'S DISTILLERY UNIT. EXHIBIT P9 : TRUE PHOTOCOPY OF THE APPEAL DATED 1.07.2003 EXHIBIT P10 : TRUE PHOTOCOPY OF THE COMMUNICATION BEARING NO. SZ- 1760/03-1 DATED 18.07.2003. EXHIBIT P11 : TRUE PHOTOCOPY OF THE JUDGMENT DATED 24.11.2006 IN W.P.(C) NO. 26086 OF 2003. EXHIBIT P12 : TRUE PHOTOCOPY OF THE REPORT BEARING NO. SZ8-1776/04 DATED 5.7.2004. EXHIBIT P13 : TRUE PHOTOCOPY OF THE ARGUMENT NOTES, WITHOUT ANNEXURES. EXHIBIT P14 : TRUE PHOTOCOPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT BEARING ORDER NO. C3-7869/07 DATED 5.11.2007. EXHIBIT P15 : TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT BEARING ORDER NO. SZ 8.4959/2003 DATED 08.02.2008 ALONG WITH THE CONSOLIDATED STATEMENT OF ARREARS. EXHIBIT P16 : TRUE PHOTOCOPY OF THE NOTICE BEARING NO. SZ.8.4959/2003 DATED 08.02.2008. EXHIBIT P17 : TRUE PHOTOCOPY OF THE COMMUNICATION ISSUED BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT BEARING NO. 81/76 DATED 05.07.21976. EXHIBIT P18 : TRUE PHOTOCOPY OF G.O. DTD. 26.05.2008 /TRUE COPY/ P.A. TO JUDGE VKM ANTONY DOMINIC, JUDGE ------------------------------ W.P.(C) No. 8410 OF 2008 ------------------------------ Dated this the 10th day of July, 2008 J U D G M E N T This writ petition has been filed seeking to quash Exts.P14,P15 and P16 and for a declaration that the petitioner is not liable to remit any amount towards the arrears of Cost of Establishment, Inadmissible Wastage, Duty and Gallonage Fee as demanded by the aforesaid orders. 2. The petitioner now submits that the Government have by Ext.P18 Order, announced an Amnesty Scheme and they intent to seek the benefit of the said Scheme. As a condition of Ext.P18, in order to claim the benefit of the scheme, pending litigations have to be withdrawn and for satisfying this condition, petitioner seeks to withdraw this writ petition. Accordingly the writ petition is dismissed as withdrawn without prejudice to the contentions raised and with liberty to the petitioner to pursue their claim for the benefit of Ext.P18. ANTONY DOMINIC, JUDGE vkm