IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 WP(C).No. 7961 of 2010(U) ------------------------- PETITIONER(S): --------------- SIVANKUTTY, AGED 56 YEARS, S/O.CHELLAPPAN, VINOD BHAVAN, PAZHAKULAM PADINJARU MURI, PALLICKAL VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.SAKIR.K.H. RESPONDENT(S): --------------- 1. THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 2. THE DEPUTY EXCISE COMMISSIONER, PATHANAMTHITTA. 3. THE SUB INSPECTOR OF POLICE, ADOOR POLICE STATION. 4. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM. BY GOVT. PLEADER SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.7961 OF 2010 (U) -------------------------------------------------- Dated this the 11th day of March, 2010 J U D G M E N T Petitioner claims to be the registered owner of a Maruti Wagon R car bearing registration No.KL-05-G-Temp.4592, in respect of which the 3rd respondent registered a crime No.1/2010, under the provisions of the Abkari Act. It is stated that the vehicle is presently in the custody of 2nd respondent and proceedings are initiated under Section 67 of the Abkari Act. Petitioner states that he has filed Ext.P2 application requesting the 2nd respondent to give him interim custody of the vehicle. It is complained that orders have not been passed on Ext.P2. Therefore this writ petition is filed. 2. If as a matter of fact, the vehicle is in the custody of the 2nd respondent and if the registered owner of the vehicle is willing to provide sufficient security, there is no reason why the vehicle shall not be released. Therefore, I dispose of this writ petition directing the 2nd respondent to consider and pass orders on Ext.P2. This shall be done as expeditiously as possible and at any rate within 2 weeks from the date of production of a copy of this judgment. (ANTONY DOMINIC) JUDGE vi/ WPC.No. 7961/2010 :2 :