Allowed

Shameer R. v. State of Kerala

Kerala HC15 Feb 2022WP(C)/3877/2022

Case brief

AI extract

What is this about?

This petition challenges an order rejecting an appeal by the Additional Commissioner of Excise. The Court found total non-application of mind in the impugned order and allowed the petition, quashing the order and directing de novo consideration.

What did the court decide?

Writ petition allowed; Ext.P4 order quashed; Third respondent directed to reconsider Ext.P3 appeal de novo within one month.

Shameer R. Vs State of Kerala — Writ and Judicial Review | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SATHISH NINAN

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TUESDAY, THE 15^TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943

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WP(C) NO. 3877 OF 2022

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PETITIONER:

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SHAMEER R. AGED 46 YEARS S/O. RAFI, RESIDING AT S.S.NIVAS, TC 71/2339, VALLAKKADAVU, THIRUVANANTHAPURAM DISTRICT.

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BY ADVS. V.MAHENDRANATH P.T.SHEEJISH

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY, EXCISE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 DEPUTY COMMISSIONER OF EXCISE EXCISE DIVISION OFFICE, THIRUVANANTHAPURAM DISTRICT.

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3 ADDITIONAL COMMISSIONER OF EXCISE (ENFORCEMENT), EXCISE HEADQUARTERS, NANDAVANAM, VIKAS BHAVAN P. O., THIRUVANANTHAPURAM - 695 033.

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SRI. BIMAL. K. NATH SR. G.P

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SATHISH NINAN, J.

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= = = = = = = = = = = = = = = = = = W.P.(C) No.3877 of 2022

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= = = = = = = = = = = = = = = = = = Dated this the 15^th day of February, 2022

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J U D G M E N T

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Vehicle bearing registration No.KL-01-CQ-9779

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belonging to the petitioner was seized as allegedly involved in an excise offence. The petitioner approached the second respondent for release of the vehicle. As per Ext.P2 order, the second respondent held that the vehicle is liable to be confiscated and the prayer for release was rejected. Challenging the said order the petitioner filed Ext.P3 appeal before the third respondent. As per Ext.P4 order, the third respondent rejected the appeal. The writ petition challenges the same.

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Heard the learned counsel for the petitioner and the learned Senior Government Pleader.

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A reading of Ext.P4 order reveals that there has

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been total non-application of mind and non-consideration

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of any of the contentions/grounds urged by the

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W.P.(C) No.3877 of 2022 -: 2 :-

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petitioner in Ext.P3 appeal. Fresh orders are to be passed in the appeal.

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Accordingly the writ petition is allowed. Ext.P4 order is quashed. Third respondent shall consider Ext.P3 appeal denovo after affording an opportunity of hearing to the petitioner and pass fresh orders as expeditiously as possible and at any rate within a period of one month from the date of receipt of a copy of this judgment.

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Sd/- SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge

APPENDIX OF WP(C) 3877/2022

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PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE BEARING REGISTRATION NO.KL-01-CQ-9779 ISSUED TO THE PETITIONER FROM THE RTO, THIRUVANANTHAPURAM. Exhibit P2 TRUE COPY OF THE ORDER NO.T6-889/2021 DATED 07.10.2021 PASSED BY THE 2ND RESPONDENT. Exhibit P3 TRUE COPY OF THE MEMORANDUM OF APPEAL UNDER SECTION 67 E OF THE ABKARI ACT, 1 OF 1077 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 06.11.2021. Exhibit P4 THE TRUE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT DATED 15.12.2021.

Shameer R. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shameer R. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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