IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 WP(C).No. 4818 of 2010(B) ------------------------------------- PETITIONER: ------------------- SHIJU VALSAN, S/O.VALSAN, AGED 32, ENANELLOOR VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT. BY ADV. MR.SHAJI JOSEPH. RESPONDENTS: ------------------------ 1. THE DEPUTY COMMISSIONER OF EXCISE, ALAPPUZHA. 2. THE ADDITIONAL COMMISSIONER OF EXCISE, (ENFORCEMENT), THIRUVANANTHAPURAM. R1 & R2 BY GOVT. PLEADER MR. V. MANU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. ------------------ WP(C) No. 4818 of 2010 -------------------------- Dated, this the 15th day of February, 2010 JUDGMENT 1. Petitioner is the owner of Mahindra Bolero Pick-up Van having registration No.KL-17-F 180. The vehicle was involved in an abkari offence and C.R.No.24/2009 of Excise Range, Cherthala, was registered. Confiscation proceedings were initiated and by Ext.P1 order dated 15.11.2009, the vehicle was ordered to be confiscated. Aggrieved by Ext.P1, petitioner filed Ext.P2 appeal dated 1.12.2009 before the 2nd respondent. It is stated that the appeal is pending consideration. 2. In the meanwhile, Ext.P3 auction notice was published in the newspapers of 14.2.2010, and the vehicle was proposed to be auctioned on 15.2.2010. The complaint in the writ petition is that since Ext.P2 appeal filed by the petitioner against Ext.P1 is pending, auction scheduled by Ext.P3 notice is premature. 3. Learned Government Pleader, on instructions, submits that the auction has been postponed. WPC.4818/10 :2 : 4. Having regard to the fact that Ext.P2 appeal is pending before the 2nd respondent, it is only appropriate that the appellate authority should dispose of the appeal before steps for auctioning the vehicle are taken. Therefore, writ petition is disposed of directing the 2nd respondent to consider Ext.P2 appeal with notice to the petitioner as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment. It is directed that in the meanwhile, further proceedings for auctioning the vehicle referred to above, shall be kept in abeyance. 5. Petitioner may produce a copy of this judgment along with the copy of the writ petition before respondents 1 and 2 for compliance. ANTONY DOMINIC, Judge