IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 20TH AUGUST 2010 / 29TH SRAVANA 1932 WP(C).No. 26073 of 2010(H) -------------------------- PETITIONER: --------------- SMT.ANITHA, AGED 36 YEARS, W/O.SHAJI,7/219,BLOCK NO-646,THIRD CAMP, BALAGRAM P.O.,IDUKKI BY ADV. SRI.VIJU THOMAS SMT.M.MEENA JOHN RESPONDENT(S): ------------------ 1. DEPUTY COMMISSIONER EXCISE DIVISION OFFICE, THODUPUZHA,IDUKKI. PIN-685 584 2. ADDITIONAL EXCISE COMMISSIONER (ENFORCEMENT) O/O.THE COMMISSIONER OF EXCISE, NANDAVANAM, THIRUVANANTHPAURAM - 695001. BY GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.26073 of 2010 ----------------------------------------------------- DATED THIS THE 20 th DAY OF AUGUST, 2010 JUDGMENT The petitioner is aggrieved by the non-consideration of Exhibit P5 application for release of the vehicle along with Exhibit P4 appeal filed under Section 67E of the Abkari Act. 2. The vehicle involved is an autorickshaw bearing registration No.KL.37/4468. The learned counsel for the petitioner submitted that the vehicle is exposed to sun and rain and it will be damaged. It is also submitted that, if ultimately in the appeal the petitioner succeeds, he will not get the fruits of the order to be passed in the appeal. 3. The prayer in the Writ Petition is for a direction to release the vehicle on execution of a bond to the present value of the said vehicle. The value of the vehicle is not clear from the order passed by the authorities also. 4. Therefore, there will be a direction to the 2nd respondent to consider and pass orders on Exhibit P5 to release the vehicle, after getting a proper valuation of the same, on the petitioner remitting the amount within such time as the 2nd W.P.(C)No.26073/10 -2- respondent prescribes. The petitioner will also have the option to furnish bank guarantee, if he thinks so. Appropriate orders shall be passed by the 2nd respondent within a period of three weeks. The petitioner will produce a copy of the Writ Petition along with a copy of the judgment for compliance. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn True copy P.A.to Judge