IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 WP(C).No. 5457 of 2010(F) ------------------------- PETITIONER(S): ------------------------ GHATGE PATIL TRANSPORTS LTD., 1/107, B, DHAYALU STREET, METTUPALAYAM ROAD, COIMBATORE 641 030 REPRESENTED BY ITS SENIOR REGIONAL MANAGER, P.AJAYAN. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): ----------------------- THE ASSISTANT EXCISE COMMISSIONER, PALAKKAD. GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 5457 OF 2010 (F) ===================== Dated this the 19th day of February, 2010 J U D G M E N T Petitioner is a transporting company. According to the petitioner, the check post authorities at Walayar seized one of the consignment along with their lorry bearing Regn.No. TN 38 B 9784, for the reason that though the goods were described as ACRYLIC 2% Industrial Use, it was in fact rectified spirit. It is stated that, on this allegation, the consignment and the lorry were seized and are still retained under custody. In the circumstances, petitioner sought interim custody of the vehicle by filing Ext.P6 before the respondent and it is complained that orders have not been passed on Ext.P6. 2. If as stated by the petitioner, being the registered owner of the vehicle, interim custody of the vehicle has been sought, there is no reason why the respondent should not have passed orders on the application so made. This is all the more so, for the reason that, the petitioner has expressed its willingness to furnish sufficient security to safeguard the interest of the respondent as well. WPC 5457/10 :2 : In the circumstances, the writ petition is disposed of directing the respondent to get the value of the vehicle assessed and release the vehicle to the petitioner on the petitioner furnishing satisfactory security thereof. This process shall be completed as expeditiously as possible, at any rate within 10 days of production of a copy of this judgment. ANTONY DOMINIC, JUDGE Rp