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2025 Supreme(Online)(Ker) 56053
IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. MUHAMED MUSTAQUE, HARISANKAR V. MENON, JJ
SHAJI GEORGE – Appellant
Versus
STATE TAX OFFICER (ENFORCEMENT) – Respondent
WA NO. 2795 OF 2025 | WP(C) NO.24810 OF 2025
For the Appellants/Petitioners: G. HARIHARAN, PRAVEEN H., K. SMITHA, B.R. SINDU, V.R. SANJEEV KUMAR, AFNA V.P., V. ROHITH
For the Respondents: M. SANTHY
The appellants may seek the vehicle's release by depositing the demanded amount, pending writ petition resolution.
Headnote:In this matter concerning the refusal of an interim order regarding the confiscation of a vehicle and goods, the Court emphasized that if an appellant is entitled to the vehicle's release, they may approach the first respondent for release upon deposit. The appeal intends to expedite the disposal of the writ petition. The Court ultimately disposed of the appeal.
A. Muhamed Mustaque, J.
The appeal is against the refusal to grant interim order by the learned Single Judge. The vehicle and goods have been confiscated and that is under challenge before the learned Single Judge of this Court.
In the light of final order of confiscation passed, the remedy of the appellants is to challenge it before this Court. If the appellant is entitled to get release of the vehicle, nothing prevents the appellants from approaching the 1st respondent for release of the vehicle on deposit of the amount demanded in the order. If such a deposit is made, the vehicle shall be released subject to the outcome of the writ petition. We also request for an early disposal of the writ petition, if possible. The appeal stands disposed of.
