IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 24TH SEPTEMBER 2010 / 2ND ASWINA 1932 WP(C).No. 29531 of 2010(N) -------------------------- PETITIONER(S): --------------- SRI.BRAHMANANDAN, S/O.GOPALAN, PANKAJAPPALLIL VEEDU KALLELIBHAGAM WEST MURI, THODIYOOR VILLAGE KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENT(S): --------------- 1. THE EXCISE COMMISSIONER COMMISSIONERATE OF EXCISE THIRUVANANTHAPURAM. 2. THE ADDL.EXCISE COMMISSIONER O/O THE ADDL EXCISE COMMISSIONER EXCISE HEAD QUARTERS,THIRUVANANTHAPURAM. 3. THE DEPUTY COMMISSIONER OF EXCISE KOLLAM. 4. THE EXCISE INSPECTOR EXCISE RANGE OFFICE, KARUNAGAPPALLY, KOLLAM DISTRICT. BY GOVT. PLEADER SMT.K.R.DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.29531 of 2010 ------------------------------- Dated this the 24th day of September, 2010 J U D G M E N T The petitioner is the owner of a Mahindra Jeep bearing Registration No.KL-23/B-735. The said vehicle was seized by the Excise officials on 23.4.2010 on the allegation that artificial toddy was transported therein. Thereupon, C.R.No.66 of 2010 of Karunagappally Excise Range was registered against the petitioner, the driver of the jeep and the licensee of the toddy shop. Simultaneously, proceedings were also initiated to confiscate the vehicle. By Ext.P7 order passed on 27.7.2010, the Deputy Commissioner of Excise, Kollam, ordered confiscation of the vehicle. Aggrieved thereby, the petitioner has filed Ext.P9 appeal before the Additional Excise Commissioner under Section 67A of the Abkari Act. Along with Ext.P9 appeal, he has filed Ext.P10 application seeking interim custody of the vehicle. In this writ petition, the petitioner seeks a direction to the Additional Excise Commissioner to consider the request made by him in Ext.P10 application and take an appropriate decision thereon. The petitioner W.P.(C) No.29531 of 2010 2 also seeks a direction to the Additional Excise Commissioner to expeditiously dispose of Ext.P9 appeal. 2. Smt.K.R.Deepa, the learned Government Pleader appearing for the respondents submits that the Additional Excise Commissioner will examine the request made by the petitioner in Ext.P10 and decide whether pending disposal of Ext.P9 appeal, interim custody of the vehicle can be given. The learned Government Pleader also submitted that the appellant authority will also endeavor to hear and dispose of the appeal itself expeditiously. 3. In the light of the aforesaid submissions and having regard to the fact that the vehicle was seized about five months back, I dispose of the writ petition with the following directions:- (i) The Additional Excise Commissioner shall consider the request made by the petitioner in Ext.P10 in the light of the relevant rules, after affording the petitioner an opportunity of being heard and take an appropriate decision thereon, in accordance with law, within a period of two weeks from the date on which the petitioner produces a copy of this judgment. (ii) The Additional Excise Commissioner shall also consider Ext.P9 appeal arising from Ext.P7 order and pass final orders thereon, after hearing the petitioner, W.P.(C) No.29531 of 2010 3 expeditiously and in any event, within two months from today. The contentions of the petitioner on the merits are kept open. P.N.RAVINDRAN, Judge. nj.