IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 WP(C).No. 30534 of 2011(N) --------------------------------------- PETITIONER(S): --------------------- 1. ANAND TEXTILES, MOOPPANPARA, KANNUR-10, REP.BY ITS MANAGING PARTNER, REMYA.C. 2. RANJINI TEXTILES, AZHICODE SOUTH, KANNUR-670 009, REP.BY ITS MANAGING PARTNER, SRI. PACHA SAJEEVAN. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): ------------------------ 1. THE EXCISE INSPECTOR, EXCISE CHECK POST, AZHIYOOR, KOZHIKODE DISTRICT.673 001. 2. ASSISTANT EXCISE COMMISSIONER, KOZHIKODE-673 001. BY GOVT. PLEADER SRI. BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SD WPC NO. 30534/2011 APPENDIX PETITIONER'S EXHIBITS P1 COPY OF THE INVOICE ISSUED BY THE 1ST PETITIONER DATED 1.11.2011 P2 COPY OF THE INVOICE DATED 1.11.2011 P3 COPY OF THE DECLARATION FURNISHED BY THE 1ST PETITIONER DATED 1.11.2011 P4 COPY OF THE DECLARATION FURNISHED BY THE 2ND PETITIONER P5 COPY OF THE MAHAZAR DATED 2.11.2011 P6 COPY OF REPRESENTATION DATED 4.11.2011 FILED BY 1ST AND 2ND PETITIONERS BEFORE THE RESPONDENTS TRUE COPY P.S. TO JUDGE SD HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 30534 OF 2011 ------------------------------- DATED THIS THE 25TH DAY OF NOVEMBER, 2011 JUDGMENT This writ petition is filed for a direction commanding the respondents to release the dyed yarn detained along with the vehicle vide Ext.P5 to the petitioners 1 and 2 or to their representatives, to consider and pass orders on Ext.P6 and for other incidental reliefs. 2. The petitioners on 1/11/2011 had transported 116 bundles of dyed yarn through a goods carriage operator in his vehicle bearing Regn.No.KL-13-R-6308 to be delivered to M/s. Y.Rajammal, Raja Tex, 163/K-1 Agraharam, Pallipalayam P.O., Thirichamkode Taluk, Namakkal and 97.6 bundles of dyed yarn to be delivered to M/s.Bharath Handloom Fabrics, 119/5 Komu Nagar, Veerappan Chathram, Erode, Tamil Nadu. Exts.P1 and P2 are the copies of the invoices issued to the petitioners. On 2/11/2011 the vehicle was intercepted by the lst respondent and his -2- W.P.(C).No.30534/2011 party at the check-post and when the vehicle was intercepted, 24 bottles of Indian Made Foreign Liquor were found in the vehicle without any valid documents. According to him, as per Ext.P5 mahazar the lst respondent has seized the vehicle, liquor etc. and the yarn bundles were also detailed. 3. Petitioners submitted Ext.P6 representation dated 4/11/11 before the respondents. They also submitted that Ext.P6 representation has not been considered so far and no order has been passed for release of the dyed yarn bundles and that the dyed yarn bundles belonging to the petitioners, which were detained by the respondents, are not released to them, though Ext.P6 representation was submitted on 4/11/2011. It is pointed out that there is no dispute regarding the ownership of the dyed yarn bundles, that the respondents have no case that the dyed yarn bundles were used for transporting the alleged contraband articles contraband articles and that the inaction on the part of the respondents in releasing the yarn bundles to the petitioners is causing considerable hardships to the -3- W.P.(C).No.30534/2011 petitioners. It is also pointed out that any delay in releasing the dyed yarn bundles will adversely affect the business of the petitioners. In the aforesaid circumstances, this writ petition is disposed of directing the respondents to consider the request of the petitioners for releasing the dyed yarn bundles detained along with the vehicle and appropriate orders shall be passed within a period of ten days from the date of receipt of a copy of this judgment. HARUN-UL-RASHID, Judge. kcv.