IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 WP(C).No. 15545 of 2011(P) ------------------------------------- PETITIONER(S): ---------------------- KARTHIKEYAN, S/O.SANKU, KALLIPALATHINGAL HOUSE, THAIKKATTUSSERY, OLLUR, THRISSUR DISTRICT. BY ADV. SRI.RENJITH THAMPAN RESPONDENT(S): ------------------------ 1. COMMISSIONER OF EXCISE, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 2. DEPUTY COMMISSIONER OF EXCISE, EXCISE DIVISIONAL OFFICE, ERNAKULAM, PIN-682018. BY GP SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.15545 OF 2011 -------------------------------------------- Dated this the 9th day of June, 2011 JUDGMENT The petitioner is the registered owner of a Mahindra Jeep bearing registration No.KL-8 AH 7378. The said vehicle was confiscated as it involved in an abkari offence. Earlier, the request of the petitioner for getting interim custody of the said vehicle was declined. As per Ext.P6 order dated 24.11.2010, the first respondent directed the petitioner to deposit cash security for releasing the vehicle in question. Consequent to the failure on the part of the petitioner to deposit the amount and get the vehicle released, the confiscation proceedings were continued and it culminated in Ext.P7 order dated 19.4.2011. Accordingly, the vehicle was confiscated to the Government. Feeling aggrieved by Ext.P7 order, the petitioner preferred Ext.P8 appeal before the respondents under Section 67E of the Abkari Act. It is still pending. It is in the said circumstances that this Writ Petition has been filed. 2. I have heard the learned counsel for the petitioner and also the learned Government Pleader. Since the petitioner has already filed Ext.P8 appeal under Section 67E of the Abkari Act and the said appeal is still W.P.(C) NO.15545/2011 2 pending before the first respondent, this Writ Petition is disposed of, without making any observation as to the merits of the contentions raised in this Writ Petition, with a direction to the first respondent to consider and pass orders on on Ext.P8 appeal expeditiously, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.15545/2011 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010