IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 WP(C).No. 6333 of 2010(N) ------------------------- PETITIONER(S): ------------------ VALSALAKUMARI, JYOTHIR BHAVAN, KUNNIKODE, KOLLAM. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY RESPONDENT(S): ------------------ 1. THE COMMISSIONER OF EXCISE, EXCISE COMMISSIONERATE, TRIVANDRUM. 2. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, CHATHANNUR, KOLLAM DISTRICT. 3. SANALKUMAR, CHENANKARA HOUSE,KUNNIKODE, VILAKUDI, PATHANAPURAM, KOLLAM DISTRICT. SR.GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 6333 OF 2010 (N) ===================== Dated this the 1st day of March, 2010 J U D G M E N T Petitioner claims to be the registered owner of a Mahindra Pickup Van bearing Regn.No.KL.25-A/1309. According the petitioner, the 2nd respondent seized the vehicle on 12/2/2010 on the allegation that the 3rd respondent, who is allegedly using the vehicle on hire transported 84.72 litres of Arishtam. 2. In any case, the vehicle is under detention before the 2nd respondent. Meanwhile, petitioner says that she appeared before the 2nd respondent and sought release of the vehicle. However, her request has not been considered and therefore she has approached this Court. 3. If as stated by the petitioner, she is the registered owner and if proceedings under Section 67 of the Abkari Act are pending, there is no reason why the vehicle should not be released, pending finalisation of the proceedings, provided the petitioner is willing to furnish adequate security for the value of the vehicle. Therefore, I dispose of this writ petition directing that it will WPC No. 6333/10 :2 : be open to the petitioner to approach the Deputy Excise Commissioner, Kollam by making an appropriate application expressing her willingness to offer security for the vehicle in question. In such a case, the said Officer shall consider the request and pass appropriate orders for the interim custody of the vehicle. ANTONY DOMINIC, JUDGE Rp