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C.D. SANTHOSH versus THE ASSISTANT EXCISE COMMISSIONER

High Court of Kerala

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C.D. SANTHOSH v. THE ASSISTANT EXCISE COMMISSIONER - OP No. 7481 of 2003(N) [2006] RD-KL 1972 (28 November 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 7481 of 2003(N)

1. C.D.SANTHOSH, S/O. DAMODARAN,
... Petitioner

Vs

1. THE ASSISTANT EXCISE COMMISSIONER,
... Respondent

2. THE CIRCLE INSPECTOR OF EXCISE,

3. STATE OF KERALA,

For Petitioner :SRI.T.A.SHAJI

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :28/11/2006

O R D E R

KURIAN JOSEPH, J.

O.P.No.7481 OF 2003

Dated this the 28th day of November, 2006



J U D G M E N T

Petitioner is aggrieved by Ext.P2 notice to remit an amount of Rs.12,750/-. It is seen from the affidavit that the petitioner is liable to pay the amount in view of the delay in making the payment. According to the petitioner there is no delay and hence he is not liable to pay any interest. At any rate, the contention is that since the security deposit was with the Government, there can be no liability on the petitioner. There is no counter affidavit yet. Be that as it may, since Ext.P2 is only a notice it is for the petitioner to submit his objections before the 1st respondent in which case the matter will be duly considered by the 1st respondent with notice to the petitioner. If necessary, appropriate clarification will also be obtained form the Government. Subject to the petitioner thus approaching the 1st respondent within a period of six weeks from today, the interim order passed by this court in C.M.P.No.12981/2003 will continue till orders are passed as above. The writ petition is disposed of as above.

(KURIAN JOSEPH, JUDGE)

ps O.P.No. :2:

KURIAN JOSEPH, J.

O.P.No. 7481/2003

JUDGMENT

28th November, 2006


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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