IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 WP(C).No. 17994 of 2011(Y) -------------------------- PETITIONER: --------------- SHAUN RITHIN GOMEZ, AGED 26 YEARS, S/O.GOMEZ, RESIDING AT 'AMIRTH', TC-15/846, MULAVANA, VANCHIYOOR P.O., TRIVANDRUM-695035. BY ADV. MR. M.S.SAJEEV KUMAR RESPONDENTS: --------------- 1. COMMISSIONER OF CUSTOMS (APPEALS), CUSTOM HOUSE, WILLINGDON ISLAND, COCHIN-682009. 2. THE COMMISSIONER OF CUSTOMS, CUSTOM HOUSE, WILLINGTON ISLAND, COCHIN-682009. 3. THE ADDITIONAL COMMISSIONER OF CUSTOMS, CUSTOM HOUSE, WILLINGDON ISLAND, COCHIN-682009. BY ADV. MR. THOMAS MATHEW NELLIMOOTTIL,SC,CB EX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 17994 OF 2011 APPENDIX PETITIONER'S EXHIBITS : EXT. P1 : TRUE COPY OF BILL OF ENTRY NO. 2298709 DATED 01.11.2010 EXT. P2 : TRUE COPY OF INVOICE NO. 8532 DATED 19.10.2009 EXT. P3 : TRUE COPY OF EXAMINATION ORDER DATED 03.12.2010 EXT. P4 : TRUE COPY OF ORDER - IN - ORIGINAL DATED 25.01.2010 EXT. P5 : TRUE COPY OF APPEAL DATED 12.05.2011 EXT. P6 : TRUE COPY OF WAIVER PETITION DATED 12.05.2011 EXT. P7 : TRUE COPY OF APPLICATION FOR PROVISIONAL RELEASE DATED 12.05.2011 EXT. P8 : TRUE COPY OF APPLICATION FOR EARLY POSTING DATED 12.05.2011 /True copy/ P.A. to Judge P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 17994 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 18th July , 2011 JUDGMENT The petitioner has approached this Court with the following prayers : i. To issue a Writ of mandamus or any other appropriate writ or order directing the 1st respondent to order provisional release the vehicle covered under Ext. P1 pending disposal of the appeal. ii. To issue a writ of mandamus or any other appropriate writ or orders directing the 1st respondent to dispose of Ext. P5 appeal with in a time limit fixed by this Hon'ble Court. iii. To grant such other relief as this Hon'ble Court deem fit to grant in the interest of justice. 2. The learned standing counsel appearing for the respondents submits that exactly similar issue was considered by the Division Bench of this Court (to which I was also a member) and as per the order dated 05.10.2010 in W.A. 1111 of 2010, the vehicle was ordered to be released; subject to the terms mentioned therein. It is stated that very same course could be pursued in the present case as well. 3. In the said circumstances, the respondents are directed to release the vehicle in question to the petitioner, on condition that, the petitioner pays the entire 'customs duty' payable on the vehicle and also produces 'bank guarantee' for a sum of Rs. 50,000/- (Rupees Fifty W.P. (C) No. 17994 of 2011 : 2 : thousand only) obtained from a nationalized bank, which shall be kept alive, till the proceedings are finalized by the appellate authority concerned. The petitioner is further directed not to ply the vehicle on the road without securing proper licence / permit if any, prescribed for the purpose. The petitioner shall also give an undertaking that he will produce the vehicle before the respondent as and when directed, in accordance with law. The Writ Petition is disposed of. Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd /True copy/ P.A. to Judge