Dismissed

Ambika M v. State of Kerala

Kerala HC10 Jan 2023WP(C)/580/2023

Case brief

AI extract

What is this about?

The Court held the writ petition premature due to the absence of a final order despite a reply to the show cause notice. However, directions were issued to expedite the proceedings under the Abkari Act without expressing any opinion on merits.

What did the court decide?

Directions issued to the 2nd respondent to expedite proceedings under Sections 67(B) and 67(C) of the Abkari Act as expeditiously as possible.

Ambika M Vs State of Kerala — Writ and Judicial Review | Kerala HC (2023)

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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 AMIT RAWAL

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TUESDAY, THE 10TH DAY OF JANUARY 2023 / 20TH POUSHA, 1944

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WP(C) NO. 580 OF 2023

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PETITIONER:

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AMBIKA M

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AGED 38 YEARS
W/O.SUNILKUMAR,
RESIDING AT : SUNIL BHAVAN, MALLASSERY P.O,
PRAMADOM, PATHANAMTHITTA DISTRICT

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BY ADVS.

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V.PHILIP MATHEWS
GIBI.C.GEORGE
GEORGE V. PAUL

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF EXCISE, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695001

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2 THE DEPUTY EXCISE COMMISIONER OFFICE OF THE DEPUTY EXCISE COMMISSIONER, PATHANAMTHITTA – 689645

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3 THE EXCISE RANGE INSPECTOR ADOOR EXCISE RANGE OFFICE, ADOOR, PATHANAMTHITTA – 691554

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4 THE SUB INSPECTOR OF POLICE PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA – 689645

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SRI.SUNIL KUMAR KURIAKOSE – GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 580 OF 2023

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JUDGMENT

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Writ petition is highly premature as the show cause notice is dated 17.11.2022 which is duly replied by the petitioner on 03.12.2022 giving the details of the order of the Magistrate releasing the vehicle temporarily on 24.11.2022. No order against the same has been passed yet. Accordingly, the writ petition being premature is to be dismissed.

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At this stage, learned counsel for the petitioner submits that he is pressing the writ petition only for issuance of directions to the 2^nd respondent for expediting the proceedings under Sections 67(B) and 67(C) of the Abkari Act.

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The prayer is justified and therefore accepted. Without expressing any opinion on the merits of matter, the writ petition is disposed of with direction to the 2^nd respondent to expedite the proceedings under Sections 67(B) and 67(C) of the Abkari Act as expeditiously as possible.

Sd/-

AMIT RAWAL JUDGE

nak

WP(C) NO. 580 OF 2023

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APPENDIX OF WP(C) 580/2023

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PETITIONER EXHIBITS

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Exhibit P1COPY OF CERTIFICATE OF REGISTRATION OF
PETITIONER'S VEHICLE BEARING REGISTRATION
NO.KL-03-AE-8186
Exhibit P2COPY OF CERTIFICATE OF INSURANCE OF
PETITIONER'S VEHICLE BEARING REGISTRATION
NO.KL-03-AE-8186

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Exhibit P3COPY OF PERMIT DATED 04-02-2020 ISSUED BY
THE REGIONAL TRANSPORT AUTHORITY,
PATHANAMTHITTA

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Exhibit P4COPY OF FIR IN CRIME NO.1437/2022
REGISTERED BY PATHANAMTHITTA POLICE
STATION
Exhibit P5COPY OF ORDER DATED 24-11-2022 PASSED BY
THE JUDICIAL FIRST CLASS MAGISTRATE
COURT-I, PATHANAMTHITTA IN
C.M.P.NO.5226/2022

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Exhibit P6COPY OF THE OFFICIAL MEMORANDUM DATED 25-
11-2022
Exhibit P7COPY OF REPORT DATED 26-11-2022 FILED BY
THE 4TH RESPONDENT BEFORE THE JUDICIAL
FIRST CLASS MAGISTRATE COURT-I,
PATHANAMTHITTA
Exhibit P8COPY OF SHOW CAUSE NOTICE NO.D.P.3-
4541/22 DATED 17-11-2022 ISSUED BY THE
SECOND RESPONDENT TO THE PETITIONER
Exhibit P9COPY OF REPLY/ STATEMENT DATED 03-12-2022
SUBMITTED BY THE PETITIONER BEFORE THE
SECOND RESPONDENT
Exhibit P4(a)TRUE ENGLISH TRANSLATION OF PAGE NO.3,
(PARA.12) AND PAGES 5 AND 6 OF EXHIBIT

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WP(C) NO. 580 OF 2023

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P4.

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Exhibit P7(a)TRUE ENGLISH TRANSLATION OF EXHIBIT P7.
Exhibit P8(a)TRUE ENGLISH TRANSLATION OF EXHIBIT P8.
Exhibit P9(a)TRUE ENGLISH TRANSLATION OF EXHIBIT P9

Ambika M v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ambika M v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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