IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932 WP(C).No. 33948 of 2010(P) -------------------------- PETITIONER(S): --------------- KARTHIKEYAN, S/O. SANKU, KALLIPALATHINGAL HOUSE, THAIK, KATTUSSERY, OLLUR, THRISSUR DIST. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENT(S): --------------- 1. DEPUTY COMMISSIONER OF EXCISE, EXCISE DIVISIONAL OFFICE, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF EXCISE, KOTHAMANGALAM. BY GOVT. PLEADER SMT.K.R.DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.33948 of 2010 ------------------------------- Dated this the 15th day of November, 2010 J U D G M E N T The petitioner is the registered owner of a Jeep bearing Registration No. KL 8 AH 7378. The said vehicle was seized by the Circle Inspector of Excise, Kothamangalam on 9.1.2010 on the allegation that it was used to transport Ayurvedic medicines without a valid permit. Thereupon, Ext.P4 notice dated 27.10.2010 was issued by the first respondent calling upon the petitioner to show cause why the said vehicle should not be confiscated. The petitioner thereupon filed Ext.P5 representation dated 2.11.2010 requesting for interim custody of the vehicle. The grievance voiced by the petitioner in this writ petition is that though nearly 10 days have passed after Ext.P5 representation was filed, till date, orders have not been passed thereon. In this writ petition, the petitioner seeks a direction to the respondents to finalise the proceedings initiated by them within a time limit to be fixed by this Court. 2. When the writ petition came up for hearing today, the learned Government Pleader appearing for the respondents submitted that till date, the petitioner has not applied for interim custody and that if the petitioner files an appropriate application seeking interim custody, the first respondent will consider the same in the light of the W.P.(C) No.33948 of 2010 2 Kerala Abkari (Disposal of Confiscated Articles) Rules, 1996, and take an appropriate decision thereon. The learned Government Pleader also submitted that the first respondent will finalise the confiscation proceedings expeditiously. In the light of the said submission, I dispose of the writ petition with a direction that in the event of the petitioner submitting an appropriate application before the first respondent seeking interim custody of the vehicle, the first respondent shall consider the same in accordance with the provisions contained in the Kerala Abkari (Disposal of Confiscated Articles) Rules, 1996 expeditiously and in any event, within two weeks from the date on which the said application is filed. The first respondent shall also finalise the proceedings initiated by him under Section 57B of the Abkari Act, after affording the petitioner an opportunity of being heard, expeditiously and in any event, within two months from the date on which the petitioner produces a certified copy of this judgment before the first respondent. P.N. RAVINDRAN, JUDGE. nj.