IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 WP(C).No. 28229 of 2011(C) ---------------------------------------- PETITIONERS: -------------------- 1. BABU VALLATHOL, S/O. K.P.MADHAVAN NAIR, GOKULAM HOUSE, ALAMCODE P.O., MALAPPURAM DISTRICT. 2. PREETHA BABU, W/O. BABU VALLATHOL, GOKULAM HOUSE, ALAMCODE P.O., MALAPPURAM DISTRICT. BY ADV. SRI.JOBY JACOB PULICKEKUDY SRI.ANIL GEORGE SRI.K.S.SUMEESH RESPONDENTS: --------------------- 1. STATE OF KERALA, REP. BY SECRETARY, TAXES(A) DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 3. THE DEPUTY COMMISSIONER OF EXCISE, MALAPPURAM. 4. THE CIRCLE INSPECTOR OF EXCISE, MALAPPURAM. 5. DEEPA RESTAURANT & TOURIST HOME, CHANGARAMKULAM, REP. BY MANAGING PARTNER, P.GOPINATHA MENON, RESIDING AT KOTTAYIL HOUSE, P.O.ALANCODE, MALAPPURAM DISTRICT-679 585. 6. M.RAMACHANDRAN, AGED 63 YEARS, S/O. GOVINDAN NAIR, MATTAYIL HOUSE, TIRUR P.O., MALAPPURAM, PIN-676 101. R1 to R5 BY GOVT.PLEADER SRI MUHAMMED SHAFI. M. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C). NO.28229/2011 APPENDIX PETITIONERS' EXTS: EXT.P1 TRUE COPY OF THE RESOLUTION DTD. 20/12/2009. EXT.P2 TRUE COPY OF THE JUDGMENT DTD 30/9/20-11 IN WP(C).26076/2011. EXT.P3 TRUE COPY OF THE NOTICE ISSUED TO THE 5TH AND 6TH RESPONDENTS. EXT.P4 TRUE PHOTOCOPY OF HE REPRESENTATION DTD. 13/10/2011. RESPONDENTS' EXTS: NIL. TRUE COPY P.S.TO JUDGE kcv. HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO.28229 OF 2011 ------------------------------- DATED THIS THE 24TH DAY OF OCTOBER, 2011 JUDGMENT This writ petition is filed for a direction commanding the lst respondent to consider and pass appropriate orders on Ext.P4, after affording an opportunity to the petitioners before passing any orders on the same. 2. Heard the learned counsel for the petitioner and the learned Government Pleader. 3. When the matter is taken up for consideration today, learned counsel for the petitioners submits that this Court disposed of W.P.(C).No.26076/2011 filed by the 6th respondent herein directing the lst respondent to consider and pass appropriate orders on Exts.P7 and P9 revision petitions submitted by the petitioner within one month from the date of receipt of a copy of the judgment. Ext.P2 is the copy of the judgment dated 30/9/2011. -2- W.P.(C).No.28229/2011 Learned counsel for the petitioners submits that the revision petitions submitted by the 6th respondent marked as Exts.P7 and P9 in W.P.(C).No.26076/2011 are pending consideration before the lst respondent. The learned Counsel also submits that the representation submitted by the petitioners marked as Ext.P4 in this writ petition is also pending consideration before the lst respondent and requests this Court to direct the lst respondent to consider Ext.P4 representation and pass orders thereon along with the revision petitions (Exts.P7 and P9) submitted by the 6th respondent. In view of the limited prayer for disposal of Ext.P4 representation, this Court is of the view that the writ petition can be disposed of without issuing notice to the respondents. In the aforesaid facts and circumstances, this writ petition is disposed of directing the lst respondent to consider and pass orders on Ext.P4 representation, after affording an opportunity of being heard to the petitioners, along with the revision petitions, -3- W.P.(C).No.28229/2011 marked as Exts.P7 and P9 in W.P.(C).No.26076/2011, pending consideration before the lst respondent. Petitioners shall produce a copy of this judgment along with a copy of the writ petition before the lst respondent. Sd/- HARUN-UL-RASHID, JUDGE. kcv.