Dismissed

The State of Kerala and Others v. Atman

Kerala HC13 Jul 2009WA/1492/2009

Case brief

AI extract

What is this about?

The two-judge bench dismissed the writ appeal filed against an interim order in a review petition. The court held the appeal not maintainable as the lower order directed only a report filing, leaving the final liability undetermined, with the Government reserving the right to approach the appellate bench later.

What did the court decide?

Writ Appeal dismissed without prejudice to the contentions of the appellants.

The State of Kerala and Others Vs Atman — Writ and Judicial Review | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR

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MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931

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WA.No. 1492 of 2009()

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--------------------AGAINST THE ORDER Dated 18/06/2009N IN R.PNO.333/2009 IN OP.17955/2002

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APPELLANTS/RESPONDENTS IN THE R.P :

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

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1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM.

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2. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM.

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3. THE ASSISTANT EXCISE COMMISSIONER, THRISSUR.

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4. THE DISTRICT COLLECTOR, THRISSUR.

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BY GOVERNMENT PLEADER, SRI.BENNY GERVASIS

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RESPONDENT/ REVIEW PETITIONER:

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

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ATMAN, S/O.PULIKKAL SANKARANARAYANAN, NELLAI VILLAGE, MUKUNDAPURAM TALUK.

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ADV.SRI.T.A.SHAJI

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ.

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W.A.No.1492 OF 2009

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Dated, this the 13^th day of July, 2009

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J U D G M E N T

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~~~~~~~~~~~~

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Balakrishnan Nair, J.

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This Writ Appeal is filed against the interim order passed by the learned Single Judge in a Review Petition. Going by the said order, we feel that no binding direction has been issued, concerning the liability of the review petitioner. The appellants have been only directed to file a report before the learned Single Judge and the matter has been posted on 14.7.2009 for further consideration. The learned Government Pleader submitted that though no positive direction is issued, the tone and tenor of the order is against the interest of the review petitioner. If the final order goes against the Government and if there are valid grounds, they can always approach the Appellate Bench. At this stage, we are of the definite view that the Writ Appeal is not maintainable. Accordingly, it is dismissed without prejudice to the contentions of the appellants.

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(K.BALAKRISHNAN NAIR, JUDGE)

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(C.T.RAVIKUMAR, JUDGE)

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The State of Kerala and Others v. Atman

Case brief

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The State of Kerala and Others v. Atman

Case brief

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