Shiju Valsan vs The Deputy Commissioner Of Excise on 15 February, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 4818 of 2010(B)


1. SHIJU VALSAN, S/O.VALSAN, AGED 32,
                      ...  Petitioner

                        Vs



1. THE DEPUTY COMMISSIONER OF EXCISE,
                       ...       Respondent

2. THE ADDITIONAL COMMISSIONER OF EXCISE,

                For Petitioner  :SRI.SHAJI JOSEPH

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :15/02/2010

 O R D E R
                        ANTONY DOMINIC, J.
                        ------------------
                       WP(C) No. 4818 of 2010
             Dated,--------------------------2010
                     this the 15th day of February,

                              JUDGMENT

1. Petitioner is the owner of Mahindra Bolero Pick-up Van having

registration No.KL-17-F 180. The vehicle was involved in an abkari

offence and C.R.No.24/2009 of Excise Range, Cherthala, was

registered. Confiscation proceedings were initiated and by Ext.P1

order dated 15.11.2009, the vehicle was ordered to be confiscated.

Aggrieved by Ext.P1, petitioner filed Ext.P2 appeal dated 1.12.2009

before the 2nd respondent. It is stated that the appeal is pending

consideration.

2. In the meanwhile, Ext.P3 auction notice was published in the

newspapers of 14.2.2010, and the vehicle was proposed to be

auctioned on 15.2.2010. The complaint in the writ petition is that

since Ext.P2 appeal filed by the petitioner against Ext.P1 is pending,

auction scheduled by Ext.P3 notice is premature.

3. Learned Government Pleader, on instructions, submits that

the auction has been postponed.

WPC.4818/10
:2 :

4. Having regard to the fact that Ext.P2 appeal is pending before

the 2nd respondent, it is only appropriate that the appellate authority

should dispose of the appeal before steps for auctioning the vehicle

are taken. Therefore, writ petition is disposed of directing the 2nd

respondent to consider Ext.P2 appeal with notice to the petitioner as

expeditiously as possible, at any rate, within four weeks of

production of a copy of this judgment. It is directed that in the

meanwhile, further proceedings for auctioning the vehicle referred

to above, shall be kept in abeyance.

5. Petitioner may produce a copy of this judgment along with the

copy of the writ petition before respondents 1 and 2 for compliance.

ANTONY DOMINIC,
Judge