IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19858 of 2010(F)
1. SMT.ANITHA, AGED 36 YEARS,
... Petitioner
Vs
1. DEPUTY COMMISSIONER,
... Respondent
For Petitioner :SRI.VIJU THOMAS
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :28/06/2010
O R D E R
T.R.RAMACHANDRAN NAIR,J.
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W.P.(C)No.19858 of 2010
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DATED THIS THE 28th DAY OF JUNE, 2010
JUDGMENT
The petitioner is the owner of an autorickshaw with register
No.KL-37-4468. The vehicle was taken into custody on
11.6.2009 alleging offences under Sections 55(a) and (i) of the
Abkari Act, for carrying more than three litres of permitted
quantity of IMFL.
2. The grievance raised by the petitioner in this Writ
Petition is that without serving a copy of the order of
confiscation, steps are taken to auction the vehicle.
3. Exhibit P2 is the application submitted by the
petitioner seeking for interim custody of the vehicle. It is
submitted by the petitioner that he had entrusted the matter to
an Advocate and she was kept in the dark about the proceedings
leading to the confiscation.
4. The learned Government Pleader on instructions
submitted that the order of confiscation which was passed on
17.3.2010 by the Deputy Commissioner, Idukki was sent by
registered post to the petitioner with A/D card on 24.3.2010.
W.P.(C)No.19858/10 -2-
But, neither the registered Thapal nor the A/D card has returned
so far. A communication has been sent to the Post Master, Head
Post Office, Thodupuzha requesting to inform whether the
confiscation order of the vehicle was delivered to the petitioner.
It is also mentioned that the petitioner has submitted an
application dated 18.6.2010 seeking for release of the vehicle on
deposit of the value of the vehicle.
5. The learned counsel for the petitioner submitted that
the petitioner has got a right to challenge the order of
confiscation before the appellate authority and a direction may be
issued to furnish a copy of the order, in the light of the fact that
so far the same has not been served. Going by the written
instructions received by the learned Government Pleader also it is
clear that the copy of the order sent through registered post has
not been served on the petitioner and the A/D card has not been
returned so far. Therefore, for a proper determination of the
matter, it is only just and proper that a direction is issued to the
respondent herein to furnish a copy of the order to the petitioner
on the petitioner approaching the respondent. Therefore the
petitioner can appear before the respondent and a copy of the
W.P.(C)No.19858/10 -3-
order will be furnished on usual terms to the petitioner. If the
petitioner is aggrieved by the order, it is upto the petitioner to
seek appropriate remedy by way of appeal before the Appellate
Authority.
The Writ Petition is disposed of as above.
T.R.RAMACHANDRAN NAIR, JUDGE.
dsn