Kerala High Court
The State Of Kerala vs K.G.Manikantan Nair on 15 March, 2017
Author: Antony Dominic
Bench: Antony Dominic, Dama Seshadri Naidu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
&
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
MONDAY, THE 30TH DAY OF OCTOBER 2017/8TH KARTHIKA, 1939
WA.No. 1310 of 2017 () IN WP(C).30482/2013
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AGAINST THE ORDER/JUDGMENT IN WP(C) 30482/2013 of HIGH COURT OF
KERALA DATED 15-03-2017
APPELLANT(S)/RESPONDENTS IN WPC:
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1. THE STATE OF KERALA
REP. BY THE SECRETARY TO GOVERNMENT,
TAXES DEPARTMENT, THIRUVANANTHAPURAM 695 001.
2. THE EXCISE COMMISSIONER,
GOVERNMENT OF KERALA,
COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM 695 001.
3. THE DEPUTY EXCISE COMMISSIONER,
EXCISE DIVISION OFFICE, KOTTAYAM 686 001.
BY ADV. SRI RENIL ANTO K, SR. GOVERNMENT PLEADER
RESPONDENT(S)/PETITIONER IN W.P.(C):
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K.G.MANIKANTAN NAIR
S/O.GOPALA PILLAI, LAKSHMI NIVAS,
NADUVILE VILLAGE, VAIKOM, KOTTAYAM DISTRICT 686 608.
R. BY ADV. SRI.K.REGHU KOTTAPPURAM
R. BY ADV. SRI.R.MAHESH (KOTTAPPURAM)
R BY SRI.K.REGHU KOTTAPPURAM.
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
30-10-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
ANTONY DOMINIC & DAMA SESHADRI NAIDU, JJ.
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W.A. No. 1310 of 2017
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Dated this the 30th day of October, 2017.
JUDGMENT
Antony Dominic,J.
The State has filed this appeal against the judgment dated 15.03.2017 in W.P.(C) No. 30482 of 2013.
2. We heard the learned Government Pleader and the learned counsel appearing for the respondent.
3. A reading of the judgment itself would show that the learned single Judge has merely followed the decision of a Division Bench of this Court in Lucka and another v. State of Kerala and others1,which was confirmed by the Apex Court by the dismissal of the SLP and disposed of the writ petition on that basis. Though it was pleaded in the memorandum of appeal that a review petition has been filed before the Apex Court, today, the learned Government Pleader has confirmed that the review petition is also dismissed.
1 2015(5) KHC 111 W.A. No. 1310/2017 -2- In that view of the matter, since the issue is covered against the appellants by the aforesaid decision, this appeal is only to be dismissed and it is ordered accordingly.
ANTONY DOMINIC, JUDGE.
DAMA SESHADRI NAIDU, JUDGE.
True Copy/ P.A to Judge.
rv W.A. No. 1310/2017 -3-