IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 WP(C).No. 15047 of 2009(A) -------------------------- PETITIONER(S): --------------- GOPIDAS,AGED 43 YRS,S/O.SUKUMARAN, KANDATHICHIRA HOUSE,MUTTATHIPARAMBU.PO,CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.K.RAMANATHAN RESPONDENT(S): --------------- 1. THE DEPUTY COMMISSIONER OF EXCISE, THRISSUR EXCISE RANGE,THRISSUR DISTRICT. 2. STATE OF KERALA,REPRESENTED BY THE CHIEF SECRETARY THROUGH THE GOVT.PLEADER,HIGH COURT OF KERALA. BY GOVT. PLEADER SMT.K.R.DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.15047 OF 2009 ------------------------------------------- Dated this the 1st day of June, 2009 JUDGMENT The petitioner claims to be the registered owner of a vehicle which was found to have been used to transport toddy in excess of the terms of the permit issued by the competent excise officer. He says that the vehicle was intercepted and seized on 1.4.2009 and the permit was ordered to be released by the Magistrate, however, that the vehicle belonging to the petitioner is lying in the open, in the premises of the office of the excise authorities from 1.4.2009 and that the respondent has not acted on Ext.P3 application dated 24.4.2009. The excise officer would be well within authority to consider making such order for third party custody, including on such application by the registered owner of the vehicle. It will be open to the excise authority to fix the value of the vehicle, require deposit of such amount or issue such other condition as may be deemed fit and permissible in law, to make the order of release. Even if the officer decides not to release, that decision has to be rendered within a WPC.15047/09 Page numbers reasonable time frame. Matters relating to release of vehicles etc. should not be made pending for months together. It will only destroy the confidence of the public in the executive establishment. Hence, it is ordered that Ext.P3 request of the petitioner will be taken up, considered and disposed of as if it is an application for temporary release of the vehicle in question. That shall be done within a period of one week from the date of receipt of a copy of this judgment and a copy of this writ petition. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.2/6.