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Saju Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2009)

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Kerala HC
2009
Saju Vs State of KeralaSaju v. State of Kerala

Allowed

Saju v. State of Kerala

Kerala HC17 Jun 2009OP/1728/2001

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a writ petition by following the precedent set in Sunil v. State of Kerala. The order is extremely brief.

What the court decided

AI extract

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN

WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931

OP.No. 1728 of 2001(E)

--------------------------------

PETITIONER(S):

--------------------------

1. SAJU , SON OF ABRAHAM, BARMAN, MUNDADAN TOURIST HOME, ANGAMALY, ERNAKULAM DISTRICT.

2. MARYKUTTY BABY, W/O.BABY MUNDADAN, FL-3, LICENSEE NO.27/97-98 MUNDADAN TOURIST HOME, ANGAMALY, ERNAKULAM DISTRICT.

BY ADV. MR.C.C.THOMAS

RESPONDENT(S):

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the writ petition should be allowed in light of the judgment in Sunil v. State of Kerala.

Cases cited

Colour shows how this judgement treated each authority

AI extract

Sunil v. State of KeralaFollowed¶38
Sunil v. State of Kerala [2006(2) KLT 851]

Parties & counsel

AI extract

petitioner
Saju , Son of Abraham, Barman, Mundadan Tourist Home, Angamaly, Ernakulam District
petitioner
Marykutty Baby, W/O.Baby Mundadan, FL-3, Licensee No.27/97-98 Mundadan Tourist Home, Angamaly, Ernakulam District
respondent
State of Kerala
respondent
The Commissioner of Excise, Thiruvananthapuram
respondent
The Asst. Excise Commissioner , Ernakulam

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 17 Jun 2009 · June
Registered: 16 Jan 2001
Case no.: OP/1728/2001

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Cite this judgement

Saju v. State of Kerala, OP/1728/2001 (KL), decided on 17 June 2009.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited1

Sunil v. State of KeralaFollowed¶38

Open Authorities

Bench / Coram

Thottathil B.Radhakrishnan

Parties & counsel

Outcome

Allowed

Issue for consideration

Whether the writ petition should be allowed in light of the judgment in Sunil v. State of Kerala.

Detailed headnote1 paragraphs

The Court allowed the writ petition by relying on the judgment of this Court in Sunil v. State of Kerala [2006(2) KLT 851], which covered the issue in hand in favour of the petitioner.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

--------------------------

1. STATE OF KERALA, REP.BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

2. THE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM.

3. THE ASST. EXCISE COMMISSIONER , ERNAKULAM.

4. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, ANGAMALY, ERNAKULAM DISTRICT.

5. KERALA STATE BEVERAGES (MANUFACTURING & MARKETING) CORPORATION LTD., THIRUVANANTHAPURAM REP.BY ITS MANAGING DIRECTOR.

GOVERNMENT PLEADER FOR R1TO4

THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 17/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER ON CMP. NO.2928/201 IN OP. NO.1728/2001

DISMISSED

17/06/2009 SD/- THOTTATHIL B.RADHAKRISHNAN, JUDGE

APPENDIX

PETITIONER'S EXHIBITS

P1:- COPY OF THE CHEMICAL ANALYSIS CERTIFICATE ISSUED BY THE ASST. CHEMICAL EXAMINER TO GOVT. OF KERALA DT. 1.11.97.

P2:- COPY OF THE CHARGE SHEET PREPARED BY THE 4TH RESPONDENT AND FILED BEFORE THE JUDL. IST CLASS MAGISTRATE COURT NO.II, ALUVA IN CR. NO.17/99.

P3:- COPY OF THE ORDER DT. 16.11.2000 IN CMP. 54720/2000 IN OP. 32120/2000 OF THIS HONOURABLE COURT.

TRUE COPY

P.A. TO JUDGE

TSS

THOTTATHIL B.RADHAKRISHNAN, J.

O.P.No.1728 OF 2001

Dated this the 17^th day of June, 2009

JUDGMENT

After hearing learned counsel on both sides, it is seen that

the issue in hand is covered in favour of the petitioner by the judgment of this Court in Sunil v. State of Kerala [2006(2) KLT

851]. Hence, this writ petition is allowed.

THOTTATHIL B.RADHAKRISHNAN, Judge.

kkb.17/6.

respondent

Excise Inspector

Coram

AI extract

Thottathil B.Radhakrishnan

CNR

KLHC010237952001

Topic

Constitutional and Fundamental Rights

Bench

Thottathil B.radhakrishnan

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17 Jun 2009

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17 Jun 2009