IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 6TH MAY 2011 / 16TH VAISAKHA 1933 WP(C).No. 12419 of 2011(B) -------------------------- PETITIONER: --------------- SUDHAKARAN T.A., AGED 40 YEARS, SWARNANKAL (H), CHEMMANNAR, UDUMBANCHOLA, IDUKKI DISTRICT. BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENTS: --------------------- 1. THE DEPUTY COMMISSIONER OF EXCISE, KOLLAM-691001. 2. THE ASSISTANT COMMISSIONER OF EXCISE, KOLLAM-691001. BY GOVT. PLEADER SRI BASANTH BALAJI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.K. MOHANAN, J. ------------------------------------------ W.P.(C). No. 12419 of 2011 ---------------------------------------- Dated the 6th Day of May, 2011 JUDGMENT The challenge is against Ext.P5 order of the Deputy Commissioner of Excise, Kollam by which the vehicle bearing Reg.No.KL-37-5164 of which the petitioner is the registered owner of the vehicle, is confiscated. According to the petitioner, he was not given an opportunity to substantiate his contention against the confiscation. The learned Government Pleader submitted that, in fact, notice dated 2.9.2010 issued by the Ist respondent was received by the petitioner on 23.9.2010, but he did not appear. It is relevant to note that the impugned order is an appealable one and therefore, according to me, the petitioner can be directed to approach the appellate authority by filing a proper appeal. In the result, this writ petition is disposed of relegating the petitioner to approach the appellate authority, against Ext.P5 order and the appellate authority is directed to WPC 12419/11 -:2:- consider the appeal, if the same is filed within one week from today, and dispose of the same in accordance with law and procedure within 45 days from the date of filing of appeal along with a copy of this judgment. All proceedings pursuant to Ext.P5 shall be kept in abeyance till the disposal of the appeal, if the appeal is filed within the time stipulated. V.K. MOHANAN JUDGE kvm/- WPC 12419/11 -:3:-