IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID SATURDAY, THE 19TH NOVEMBER 2011 / 28TH KARTHIKA 1933 WP(C).No. 26037 of 2011(D) -------------------------- PETITIONER: --------------- SHAIJU,S/O.RAJAN,AGED 32 YEARS, KANAKANCHERIYIL HOUSE,PANIKANKUDY.P.O, KONNATHADY VILLAGE,UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): ------------------- 1. DEPUTY EXCISE COMMISSIONER,THODUPUZHA, IDUKKI DISTRICT-685584. 2. ASSISTANT EXCISE COMMISSIONER,THODUPUZHA IDUKKI DISTRICT-685584. 3. EXCISE RANGE OFFICER,THANKAMANI EXCISE RANGE,IDUKKI DISTRICT-685546. ADDL.R4 IMPLEADED ------------------------ ADDL.R4. VINCENT, S/O.VARKEY JOY, CHERUPARAMBIL HOUSE, 9/86, KIDIKULAM, KODIKULM P.O., THODUPUZHA, IDUKKI DT. 685584; IMPLEADED AS PER IN IA.16426/2011 DATED 19.11.2011. R1 TO 3 BY GOVERNMENT PLEADER SRI.M.MUHAMMED SHAFI ADDL. R4 BY SMT.BINITHA JAMES THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 26037 of 2011(D) ------------------------------- APPENDIX ----------- PETITIONER(S) EXHIBITS EXT.P1: TRUE COPY OF THE AGREEMENT FOR SALE EXT.P2: TRUE COPY OF REGISTRATION CERTIFICATE OF VEHICLE BEARING NO.KL-38 A 7448. EXT.P3: TRUE COPY OF THE OCCURRENCE REPORT IN CRIME NO.17/2011 OF THANKAMANI EXCISE RANGE. EXT.P4: TRUE COPY OF THE MAHAZAR IN EXT.P3 EXT.P5: TRUE COPY OF THE APPLICATION FOR INTERIM CUSTODY OF THE AUTORICKSHAW. RESPONDENTS' EXHIBITS : NIL ------------------------------- / TRUE COPY / P.A. TO JUDGE VK HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 26037 of 2011 --------------------------------------- Dated this the 19th day of November 2011. JUDGMENT This writ petition is filed seeking a direction commanding the 2nd respondent to grant interim custody of the autorikshaw bearing registration No. KL-38 A 7448 involved in crime No.17/11 of Thankamani Excise range within a time frame to be fixed by this Court on executing bond and for a direction commanding the 2nd respondent to dispose of Ext.P5 application within a time frame to be fixed by this Court. 2. Petitioner submits that the vehicle was seized by the officials attached to 3rd respondent on 27.7.11 on the allegation of transportation of illicit liquor and registered crime No. 17/2011 of Thankamani range. Petitioner submitted an application before the 2nd respondent for interim custody of the vehicle. Ext.P5 is the copy of the application. 3. Addl.R4 is the registered owner of the vehicle. In the Counter affidavit filed by the Addl. 4th respondent it is stated that he W.P.(C) No.26037/2011 2 had sold the said autorkshaw to one Sri.Pramesh, S/o. Bhavanappan, Eenthumkal House, Mankkad village, Idukki District from whom the petitioner purchased the vehicle. It is also stated in the counter affidavit that he has no objection in releasing the vehicle to the petitioner. 4. When the matter was taken up for consideration today, the learned counsel for the petitioner submits that Ext.P5 application is pending consideration before the 2nd respondent and requests this Court to direct the 2nd respondent to consider and dispose of Ext.P5 application within a time limit. In the said circumstance, the writ petition is disposed of directing the 2nd respondent to consider and pass appropriate orders on Ext.P5 application within a period of two weeks from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. HARUN-UL-RASHID JUDGE al