Kerala High Court
WP(C)/37717/2009 of SURESH KUMAR C.S. Vs THE DEPUTY EXCISE COMMISSIONER on 30 December 2009
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 30TH DECEMBER 2009 / 9TH POUSHA 1931 WP(C).No. 37717 of 2009(H) ------------------------------------ PETITIONER(S): ----------------------- SURESHKUMAR.C.S, AGED 34 YEARS, S/O. CHELLAPPA NADAR,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.SIRI JAGAN
WEDNESDAY, THE 30TH DECEMBER 2009 / 9TH POUSHA 1931
WP(C).No. 37717 of 2009(H)
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PETITIONER(S):
-----------------------
SURESHKUMAR.C.S, AGED 34 YEARS,
S/O. CHELLAPPA NADAR, CHANDRAVILASOM BUNGLOW, PAYATTUVILA.P.O, THIRUVANANTHAPURAM.
BY ADV. MR.P.VIJAYA BHANU
RESPONDENT(S):
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1. THE DEPUTY EXCISE COMMISSIONER,
DIVISION OFFICE, THIRUVANANTHAPURAM.
2. STATE OF KERALA,
REPRESENTED BY SECRETARY, EXCISE DEPARTMENT, THIRUVANANTHAPURAM.
BY GOVT. PLEADER MR.P.N.SANTHOSH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 30/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
S. SIRI JAGAN, J.
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W.P.(C) No. 37717 of 2009
=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=Dated this the 30[th] day of December, 2009
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JUDGMENT
Petitioner is the registered owner of vehicle bearing registrationNo.KL-19-1323. The said vehicle has been seized on allegation ofcommission of Abkari offence and Crime No.258 of 2009 of Neyyar DamPolice Station has been registered under sections 8(1) and (2) of the AbkariAct. According to the petitioner, he is not an accused in the crime. He seeksinterim custody of the vehicle, pending further proceedings. Seeking theabove relief, he filed Ext.P1 petition before the 1[st] respondent. Thepetitioner seeks a direction to the 1[st] respondent to consider and pass orderson Ext.P1 expeditiously.
2. Heard the learned Government Pleader appearing for therespondents also.
3. I am of the opinion that now that the petitioner has submittedExt.P1, the 1[st] respondent shall give a reply on Et.P1 to the petitioner.Accordingly, I direct the 1[st] respondent to consider and pass orders onExt.P1 representation filed by the petitioner as expeditiously as possible, atany rate within one week from the date of receipt of copy of this judgment. I
W.P.(C) No. 37717/09
make it clear that I have not considered the eligibility of the petitioner forthe relief prayed for in Ext.P1 and it is entirely for the 1[st] respondent toconsider the same, in accordance with law.
S. SIRI JAGAN, JUDGE.
Mn.
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