IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 WP(C).No. 35683 of 2009(E) -------------------------- PETITIONER: --------------- RAJU, AGED 60 YEARS, S/O. MADAVAN, VALLATHARA, THEKKATHIL HOUSE, PRAYAR NORTH, PRAYAR.P.O., ALPPUZHA DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.V.K.SATHYANATHAN SRI.B.BIPIN RESPONDENTS: --------------- 1. THE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 2. THE DEPUTY COMMISSIONER OF EXCISE KOLLAM . 3. THE ASSISTANT EXCISE COMMISSIONER. KOLLAM. 4. THE EXCISE INSPECTOR, KARUNAGAPPALLY EXCISE RANGE, KOLLAM DISTRICT. GOVERNMENT PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.35683 of 2009-E = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 10th day of December, 2009. JUDGMENT Petitioner's vehicle is involved in an abkari offence. Vehicle has been valued by the Mechanical Engineer. It has been valued by Rs.19,000/-. The petitioner had been given an oral direction to deposit the said amount for temporary release of the vehicle. The petitioner says that his circumstances do not enable him to pay the said amount. The statutory provision is clear in as much as it is specifically laid down that release of the vehicle shall be on the remittance of the amount which is fixed by the competent Mechanical Engineer as the value of the vehicle. It having been so fixed, I do not find any error of jurisdiction or legal infirmity in the impugned order. Even if this Court is to issue any order, it would only contradict the WPC35683/09 -: 2 :- statutory provision which is clearly impermissible. The writ petition fails. The same is accordingly dismissed. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/2212