IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 OP.No. 18553 of 1999(H) ----------------------------------- PETITIONER: ------------------- G. SUNIL, S/O. LATE G. GANGADHARAN, THARAVAD, VATTIYOORKKAVU, THIRUVANANTHAPURAM. BY ADV. SRI.T.A.SHAJI, ADV. SMT.P.M.INDU. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVT., GOVT. OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 3. THE ASSISTNAT EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 4. THE EXCISE INSPECTOR, EXCISE RANGE, NEYYATTINKARA. BY GOVERNMENT PLEADER SMT. K.R. DEEPA. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 07/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 18553/1999-H: ORDER ON C.M.P. NO. 30453/1999 IN O.P. NO. 18553/1999-H DISMISSED 07/03/2008. SD/- KURIAN JOSEPH, JUDGE. APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE NOTICE DTD. 20/07/1999 ISSUED TO THE PETITIONER. EXT.P.2: COPY OF THE REPLY DTD. 22/07/1999 SUBMITTED BY THE PETITIONER. EXT.P.3: COPY OF THE JUDGMENT IN WRIT APPEAL 825/1998. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. KURIAN JOSEPH, J. --------------------------------------- O.P. No. 18553 OF 1999 --------------------------------------- Dated this the 7th day of March, 2008. J U D G M E N T The writ petition is filed with the following prayers: i) issue a writ of certiorari, quashing the original of Ext.P1; ii) declare that no action is maintainable against the petitioner and that the petitioner or his employees are not liable to be prosecuted on the basis of the Chemical Analysis report No.2513 dated 06.07.1999 of the Joint Chemical Examiner, Thiruvananthapuram reporting variation of the content of ethyl alcohol in the toddy sample collected from the petitioner's toddy shop and godown”. The issue is covered in favour of the petitioner since the alleged conduct is prior to the amendment, by the decision of this court reported in Unni v. State of Kerala [2003(3) KLT 306]. Therefore, Ext.P1 is quashed. The original petition is allowed as above. KURIAN JOSEPH, JUDGE. ps KURIAN JOSEPH, J. O.P. No. 18553 OF 1999 J U D G M E N T 07.03.2008