IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 WP(C).No. 31171 of 2008(J) -------------------------------------- PETITIONER: ------------------- S.P.RAJENDRAN, ERATHUVILAKATHU PUTHEN VEEDU, PAZHAMALA, PERUMKADAVILA.P.O, TRIVANDRUM. BY ADV. SRI.VAKKOM N.VIJAYAN, SMT.V.RENJU, SMT.M.A.RAMITHA. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE EXCISE COMMISSIONER, OFFICE OF THE COMMISSIONER OF EXCISE, TRIVANDRUM. 2. THE SUPERINTENDENT OF POLICE, TRIVANDRUM RURAL, TRIVANDRUM. 3. THE ASSISTANT EXCISE COMMISSIONER, TRIVANDRUM. 4. THE CIRCLE INSPECTOR OF POLICE, VELLARADA, TRIVANDRUM DISTRICT. 5. SHRI.A.SASISEKHARAN NAIR, C.I.OF EXCISE, NEYYATTINKARA. 6. THE SUB INSPECTOR OF POLICE, ARYANCODE POLICE STATION, TRIVANDRUM DIST. BY GOVT. PLEADER SRI. BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.31171/2008-J: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE JUDGMENT DTD. 15/07/2008 IN W.P.(C).NO.21212/08 (A) OF THIS HON'BLE COURT. EXT.P.2: COPY OF THE ORDER NO. T6-3947/2008 DTD. 22/08/2009 ISSUED BY THE R.3. EXT.P.3: COPY OF THE ORDER NO. XA4-21799/08/DT. 08/09/2008 OF THE R.3. EXT.P.4: COPY OF THE LETTER NO. T-3945/2008 DT. 09/09/2008 SENT BY THE R.3. TO EXCISE INSPECTOR, AMARAVILA. EXT.P.5: COPY OF THE NOTICE DTD. 30/09/2008 SENT BY THE PETITIONER TO THE R.5. EXT.P.6: COPY OF THE PETITION DTD. 15/09/2008 FILED BY THE PETITIONER BEFORE THE R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. J.B.KOSHY, Ag.CJ & V.GIRI, J. =========================== W.P.(C).No.31171 of 2008 - J =============================== Dated this the 12th day of January, 2009. J U D G M E N T Koshy, Ag.CJ. Petitioner's scooter was seized under Section 67B of the Abkari Act. The above scooter was released as per directions in Ext.P1. It is the case of the petitioner that damages were caused to the scooter. According to him, his scooter was damages by the police officers. Insurance company assessed damages to the scooter as Rs.6,474/-. In the above circumstances, he filed Ext.P6. We direct the 2nd respondent to consider Ext.P6 and take appropriate action and if damages are caused, direct the officer to pay for the damages even though crime is registered. The writ petition is disposed of accordingly. J.B.KOSHY, ACTING CHIEF JUSTICE. V.GIRI, JUDGE bkn/-