Kerala High Court
Petitioner In The Writ Petition vs Respondents In The Writ Petition on 25 September, 2012
Bench: C.N.Ramachandran Nair, C.K.Abdul Rehim
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR
&
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
FRIDAY, THE 28TH DAY OF SEPTEMBER 2012/6TH ASWINA 1934
WA.No. 1747 of 2012 ()
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AGAINST THE JUDGMENT IN WPC.20529/2011 DATED 25/09/2012
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APPELLANT(S):PETITIONER IN THE WRIT PETITION
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SUDHAKARAN.T.R, AGED 40 YEARS
SWARNANKAL HOUSE, CHEMMANNAR, UDUMBANCHOLA
IDUKKI DISTRICT.
BY ADVS.SRI.M.K.CHANDRA MOHANDAS
SMT.K.K.RAZIA
SRI.SHAKTHI PRAKASH
SMT.SOBBY THOMAS
SMT.PRABHA JOSE
RESPONDENT(S):RESPONDENTS IN THE WRIT PETITION.
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1. ADDITIONAL EXCISE COMMISSIONER
(ENFORCEMENT), THIRUVANANTHAPURAM-695 001.
2. THE DEPUTY COMMISSIONER OF EXCISE
KOLLAM-691 001.
3. THE CIRCLE INSPECTOR OF EXCISE
KOOLAM-691 001.
BY GOVERNMENT PLEADER SRI.LIJU STEPHEN
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
28-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
tss
C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM,JJ.
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WA.NO.1747 of 2012
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Dated this the 28th day of September, 2012
JUDGMENT
Ramachandran Nair, J.
Heard counsel for the appellant and Government Pleader for respondents.
2. After hearing both sides we do not think there is any scope for interference with the confiscation order confirmed by the statutory authorities and by the learned Single Judge for the reason that the appellant's case that the toddy got converted in the course of time as vinegar has not been established with evidence particularly chemical examination report on the product. However what we notice is that the vehicle kept idle in the office of the respondents is getting corroded. As of now vehicle is already without maintenance, exposed to sun and rain for two and half years. Obviously there is substantial erosion in its value and if the State is allowed to sell in auction, probably by the time auction is conducted they may get only scrap value. We therefore feel that the vehicle should be released to the appellant on payment of its value. We direct the Assistant Excise Commissioner to intimate the RTO, Kollam to fix the value of the vehicle after taking into account the erosion and the present condition WA.1747/2012 2 of the vehicle and after reducing for erosion or for depreciation from the original cost the value should be fixed and on payment the vehicle should be released to the appellant. Valuation should be made within three weeks from now and release of the vehicle immediately on payment.
C.N.RAMACHANDRAN NAIR, JUDGE
C.K.ABDUL REHIM, JUDGE
pmn/
WA.1747/2012 3