Shaneesh vs the Excise Range Officer

Shaneesh vs The Excise Range Officer

Type Court Judgment Court Kerala Decided Jul 31, 2024

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https://sooperkanoon.com/case/1321143

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Citation: sooperkanoon.com/1321143
Court: Kerala High Court
Judge: Honourable Mr. Justice D. K. Singh
Decided On: Jul 31, 2024
Case Number: WP(C)/13397/2024

Parties & Advocates

Appellant / Petitioner

Shaneesh

Respondent

The Excise Range Officer

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice dinesh kumar singh wednesday, the 31st day of july 2024 / 9th sravana, 1946 wp(c) no. 13397 of 2024 petitioner/s: shaneesh, aged 38 years s/o. bhaskaran, parayil veedu, padanilam, kunnamangalam, kozhikode, pin - 673570by advs. t.g.rajendran t.r.tarin respondent/s: 1 the excise range officer thamarassery, kozhikode, pin - 673573 2 the deputy excise commissioner deputy excise commissioner office, kozhikode, pin - 673020 3 the additional excise commissioner (enforcement) 4 state of kerala represented by chief secretary, secretariat, other present: sri. binoy davis-gp this writ petition (civil) having finally heard of on 31.07.2024, the court on the same day delivered the following: -2-judgmentthe present writ petition has been filed seeking the following reliefs: “a) issue a writ of certiorari or any writ order or direction, calling for the records leading to ext p5 order of the 3rd respondent and quash the same. b) to dispense with filing of the translation of vernacular document. c) grant such other reliefs prayed for from time to time including cost of these proceedings.”2. learned counsel for the petitioner fairly submits that the issue is covered against the petitioner by thejudgment of this court in deepak v. commissioner of excise,thiruvananthapuram1. in view thereof, the present writ petition stands dismissed. sd/- dinesh kumar singh judge jjj 2018 (2) khc 336 -3- appendix of wp(c) 13397/2024 petitioner exhibits exhibit p1 copy of the judgment in sc no. 180/2022 on the file of the learned additional assistant sessions judge, kozhikode dated 12.1.2024 exhibit p2 copy of the show cause notice issued to jithesh dated 19.7.2023 exhibit p3 copy of the reply filed by jithesh to the 2nd respondent dated 3.8.2023 exhibit p4 copy of the order dated 29.12.2023 issued by the 1st respondent exhibit p5 copy of the order dated 13.3.2024 issued by the 3rd respondent

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH WEDNESDAY, THE 31ST DAY OF JULY 2024 / 9TH SRAVANA, 1946 WP(C) NO. 13397 OF 2024 PETITIONER/S: SHANEESH, AGED 38 YEARS S/O. BHASKARAN, PARAYIL VEEDU, PADANILAM, KUNNAMANGALAM, KOZHIKODE, PIN - 673570
BY ADVS. T.G.RAJENDRAN T.R.TARIN RESPONDENT/S: 1 THE EXCISE RANGE OFFICER THAMARASSERY, KOZHIKODE, PIN - 673573 2 THE DEPUTY EXCISE COMMISSIONER DEPUTY EXCISE COMMISSIONER OFFICE, KOZHIKODE, PIN - 673020 3 THE ADDITIONAL EXCISE COMMISSIONER (ENFORCEMENT) 4 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, OTHER PRESENT: SRI. BINOY DAVIS-GP THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD OF ON 31.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

JUDGMENT

The present writ petition has been filed seeking the following reliefs: “a) Issue a writ of certiorari or any writ order or direction, calling for the records leading to Ext P5 order of the 3rd Respondent and quash the same. b) To dispense with filing of the translation of vernacular document. c) grant such other reliefs prayed for from time to time including cost of these proceedings.”

2. Learned Counsel for the petitioner fairly submits that the issue is covered against the petitioner by the

judgment of this Court in Deepak v. Commissioner of Excise,

Thiruvananthapuram1. In view thereof, the present writ petition stands dismissed. Sd/- DINESH KUMAR SINGH JUDGE jjj 2018 (2) KHC 336 -3- APPENDIX OF WP(C) 13397/2024 PETITIONER EXHIBITS Exhibit P1 COPY OF THE JUDGMENT IN SC NO. 180/2022 ON THE FILE OF THE LEARNED ADDITIONAL ASSISTANT SESSIONS JUDGE, KOZHIKODE DATED 12.1.2024 Exhibit P2 COPY OF THE SHOW CAUSE NOTICE ISSUED TO JITHESH DATED 19.7.2023 Exhibit P3 COPY OF THE REPLY FILED BY JITHESH TO THE 2ND RESPONDENT DATED 3.8.2023 Exhibit P4 COPY OF THE ORDER DATED 29.12.2023 ISSUED BY THE 1ST RESPONDENT Exhibit P5 COPY OF THE ORDER DATED 13.3.2024 ISSUED BY THE 3RD RESPONDENT

Same Court & Year Kerala · 2024 Same Parties Shaneesh vs The Excise Range Officer Same Judge Honourable Mr. Justice D. K. Singh