The High Court of Kerala allowed the writ appeal and writ petition against a judgment that became unsustainable as per the decision in Komalan v. State of Kerala, setting aside the impugned judgment.
The impugned judgment is set aside. Both the Writ Appeal and the Writ Petition are allowed.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932
WA.No. 489 of 2008 -------------------AGAINST THE JUDGEMENT IN WPC.2146/2008 Dated 05/02/2008 ....................
APPELLANT/PETITIONER:
SHIBU NARAYANAN S/O.NARAYANAN, NELLIKKAL HOUSE MELUKAVUMATTOM P.O., MEENCAHIL TALUK, KOTTAYAM DISTRICT.
BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN
RESPONDENT/RESPONDENT:
STATE OF KERALA REPRESENTED BY THE EXCISE INSPECTOR,IDUKKI EXCISE RANGE THROUGH THE PUBLIC PROSEOCUTOR HIGH COURT OF KERALA, ERNAKULAM.
BY SENIOR GOVT. PLEADER, SRI. BEENY GERVASIS.
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J.Chelameswar, C.J. & P.R. Ramachandra Menon, J.
W.A.No. 489 OF 2008
Dated this the 8th day of October, 2010
JUDGMENT
Ramachandra Menon, J.
The learned Government Pleader who takes notice on behalf of the respondents fairly conceded that the issue projected in the writ appeal stands decided in favour of the appellant as per the decision reported in Komalan v. State of Kerala [2009(2) KLT 744].
In such circumstances, the impugned judgment is set
aside. Both the Writ Appeal and the Writ Petition are allowed in terms of the direction cited supra. No cost.
J.Chelameswar, Chief Justice.
P.R. Ramachandra Menon, Judge.
ttb
Colour shows how this judgement treated each authority
Komalan v. State of KeralaFollowed¶21
Komalan v. State of Kerala [2009(2) KLT 744]
SHIBU NARAYANAN
STATE OF KERALA
J.CHELAMESWAR
P.R.RAMACHANDRA MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
