IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 WP(C).No. 20228 of 2011(C) -------------------------- PETITIONER(S): --------------------- ANEESH MATHEW, AGED 20 YEARS, S/O.MATHEW, PSLLIKUNNEL HOUSE, P.O.KANAMVAYAL, CHERUPUZHA VIA, THALIPPARAMBA, KANNUR DISTRICT PIN 670511. BY ADVS. SMT.P.K.PRIYA SRI.K.V.SREE VINAYAKAN RESPONDENT(S): ----------------------- 1. EXCISE RANGE INSPECTOR, PATANNUR, KANNUR DISTRICT.PIN 670307 2. DEPUTY EXCISE COMMISSIONER, KANNUR. PIN 670001 BY GOVERNMENT PLEADER SRI.M.MUHAMMED SHAFI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20228 of 2011(C) -------------------------------------- APPENDIX -------------- PETITINER'S EXHIBITS ---------------------------------- EXT.P1. COPY OF THE CERTIFICATE OF REGISTRATION OF THE AUTO RICKSHAW. EXT.P2. COPY OF THE TX RECEIPT OF THE ABOVE AUTO RICKSHAW. EXT.P3. COPY of the SHOW CAUSE NOTICE DT. 27.6.2011 ISSUED BY THE 2ND RESPONDENT. EXT.P4. COPY OF THE REPLY TO THE SHOW CAUSE SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPO DNENT. RESPONDENT'S EXHIBITS : NIL ------------------------------------- / TRUE COPY / P.A. T JUDGE VK HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 20228 OF 2011 ------------------------------- DATED THIS THE 10TH DAY OF AUGUST, 2011 JUDGMENT The writ petition is filed seeking a direction to the respondents to release the autorickshaw bearing registration No.KL-59C-8399 and also for a direction to the 2nd respondent to consider Ext.P4 and pass orders thereon within a time frame. 2. Petitioner is the registered owner of an autorickshaw bearing Regn.No.KL-59-8399 from which the excess quantity of IMFL was allegedly seized from one Manoj Rinton. A crime has been registered against him as CR.No.26/2011. Petitioner was served with Ext.P3 show cause notice dated 27/6/2011 issued by the 2nd respondent directing him to show cause why the autorickshaw shall not be confiscated as per Section 67C of the Abkari Act. Petitioner submitted a reply to Ext.P3 show cause notice, which is produced as Ext.P4. Though the petitioner submitted reply to Ext.P3, the 2nd respondent has neither passed an -2- W.P.(C).No.20228/2011 order on Ext.P4 nor returned the autorickshaw till date. Petitioner submits that he and his family are depending solely on the income from the autorickshaw for their livelihood. It is also pointed out that the accused already surrendered and admitted the offence. In these circumstances, the petitioner prayed that a direction may be issued to the 2nd respondent to pass appropriate orders on Ext.P4. The learned counsel for the petitioner submits that the delay in not considering the matter is causing hardship to the petitioner and his family. In the result, this writ petition is disposed of with a direction to the 2nd respondent to consider and pass orders on Ext.P4 within a period of two weeks from the date of receipt of a copy of this judgment. HARUN-UL-RASHID, Judge. kcv.