The Court disposed of a writ petition where the petitioner sought to withdraw the current petition to file a fresh one challenging the B sample analysis report, permitting withdrawal without prejudice.
Petitioner permitted to withdraw petition and file a fresh one; liberty given to pursue matter afresh.
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 HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
TUESDAY, THE 3RD DAY OF FEBRUARY 2015/14TH MAGHA, 1936
WP(C).No. 3026 of 2015 (C)
PETITIONERS:
1. P.P.PRADEEP KUMAR, AGED 59 YEARS, PUTHANPURAYIL HOUSE, MUTTUNGAL VILLAGE, MUTTUNGAL DESOM, VADAKARA, KOZHIKODE.
2. SHIJU, VAZHE KOYILOTH HOUSE, PUTHUPPANA DESOM, NADAKKUMTHAZHA VILLAGE, VADAKARA TALUK.
BY ADVS.SRI.A.SUDHI VASUDEVAN
SMT.K.PUSHPAVATHI
SRI.R.SYLESHWAREN NAIR
SRI.JOSE JONES JOSEPH
RESPONDENTS:
1. EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM - 695 001.
2. DEPUTY COMMISSIONER OF EXCISE, KOZHIKODE - 673 001.
3. EXCISE INSPECTOR, EXCISE RANGE OFFICE, VADAKARA - 693 101.
BY GOVERNMENT PLEADER, SMT. C.K. SHERIN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DST
DAMA SESHADRI NAIDU, J.
W.P.(c) No. 3026 of 2015
Dated this the 06th day of February, 2015
JUDGMENT
Pending the writ petition, the report based on the analysis of B sample has been made available. In the light of the subsequent development, the petitioner has felt it desirable to withdraw the present writ petition and file a fresh one laying a comprehensive challenge against the report made available based on the analysis of B sample.
In the facts and circumstances, having regard to the submission of the learned counsel for the petitioner, this Court dismisses the writ petition preserving the liberty of the petitioner to pursue the matter afresh, without prejudice to his rights and contentions.
DAMA SESHADRI NAIDU JUDGE
DMR/-
P.P.Pradeep Kumar
Shiju
Excise Commissioner, Commissionerate of Excise, Thiruvananthapuram
Deputy Commissioner of Excise, Kozhikode
Excise Inspector, Excise Range Office, Vadakara
Dama Seshadri Naidu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
