IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 25TH NOVEMBER 2010 / 4TH AGRAHAYANA 1932 WP(C).No. 35358 of 2010(T) -------------------------------------- PETITIONER(S): ------------------------ S.MOIDEEN, AGED 43 YEARS, PONNPPALA HOUSE, KALLARKUTTY P.O., VELLATHUVAL VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT. BY ADV. SRI.P.S.ABDUL KAREEM RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, THIRUVANANTHAPURAM-01. 2. THE DEPUTY COMMISSIONER OF EXCISE EXCISE DIVISION OFFICE, THIRUVANANTHAPURAM-01. 3. STATION HOUSE OFFICER, KUNNAKULAM POLICE STATION, THRISSUR DISTRICT-680 503. 4. EXCISE INSPECTOR, EXCISE RANGE OFFICE, TRIVANDRUM-01. 5. REGIONAL TRANSPORT OFFICER, PAINAVU, IDUKKI DISTRICT-685 603. 6. ABRAHAM, PANACHIKKAL HOUSE, MUNNOOR, AMBALAVAYAL, KADALMADU POST, VADAVUMCHAL, WAYANAD-673 581. R1 TO R5 BY GOVT. PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C).No.35358 OF 2010 =========================== Dated this the 25th day of November,2010 JUDGMENT Petitioner purchased Maruthi Alto Car KL- 54-592 in an auction conducted pursuant to an order of confiscation under section 67B of Abkari Act. This petition is filed for a direction to the third respondent not to seize the vehicle in Crime 1298/2007 of Kunnamkulam Police Station. 2. Learned counsel appearing for the petitioner was heard. 3. The argument of the learned counsel appearing for the petitioner is that he had purchased the vehicle for Rs.1,62,000/- on 29.4.2009, after it was confiscated under section 67B of Kerala Abkari Act in the auction conducted by the Joint Excise Commissioner, South Zone and thus he became the absolute W.P.(C)35358/2010 2 owner of the property free from any encumbrance and therefore third respondent has no right to proceed against the said vehicle. 4. The vehicle is sought to be seized in Crime 1298/2007 of Kunnamkulam Police Station on the allegation that it is a stolen vehicle. Petitioner is not entitled to contend that the police cannot seize the vehicle, if it is a stolen vehicle. The theft was committed earlier to 2007. Petitioner purchased it only on 29.4.2009. In such circumstances, petitioner is not entitled to get any relief in this petition. Petitioner is entitled to seek his remedy in respect of the vehicle in accordance with law. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006