IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 WP(C).No. 6459 of 2008(R) ------------------------------------- PETITIONER: ------------------- MATHEW THOMAS, AGED 39 YEARS, S/O.LATE THOMAS, CHIRAPPATTUMATTATHIL HOUSE, KONGANDOOR KARA, AYARKUNNAM, KOTTAYAM DISTRICT. BY ADVS. MR.M.G.KARTHIKEYAN, MR.NIREESH MATHEW. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY, TAXES (A) DEPARTMENT, GOVT. SECRETARIAT THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 3. THE ASST.EXCISE COMMISSIONER, KOTTAYAM. 4. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, PAMBADY, KOTTAYAM DISTRICT. R1 TO R4 BY GOVT. PLEADER MR. V. MANU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.6459/2008-R: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CRIME AND OCCURRENCE REPORT IN CR.NO.2/2008 REGISTERED BY THE R.4. EXT.P.2: COPY OF THE CHEMICAL ANALYSIS REPORT DTD. 25/09/2007 ISSUED BY THE ASST. CHEMICAL EXAMINER TO GOVT. OF KERALA. EXT.P.3: COPY OF THE NOTIFICATION G.O.(P).NO.24/2007/TD DTD. 14/02/2007 ISSUED BY THE GOVT. OF KERALA. EXT.P.4: COPY OF THE NOTIFICATION, G.O.(P) NO. 25/2007/ TD DTD. 14/02/2007 ISSUED BY THE GOVT. OF KERALA. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 6459 OF 2008 ............................................ DATED THIS THE 21st DAY OF AUGUST, 2009 JUDGMENT The issue raised in this writ petition is covered in favour of the petitioner by the judgment of this court in State of Kerala V. Unni (2005(1) KLT 714). Accordingly, this writ petition is allowed, quashing Ext.P1 and all proceedings on its basis. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/21/8