High Court Kerala High Court

Biji George vs The Divisional Forest Officer on 30 August, 2010

Kerala High Court
Biji George vs The Divisional Forest Officer on 30 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 25490 of 2010(I)


1. BIJI GEORGE, D/O.BABYKUTTY,
                      ...  Petitioner

                        Vs



1. THE DIVISIONAL FOREST OFFICER,
                       ...       Respondent

2. FOREST RANGE OFFICER,

                For Petitioner  :SRI.VINOY VARGHESE KALLUMOOTTILL

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :30/08/2010

 O R D E R
                      ANTONY DOMINIC, J.
                    ================
                W.P.(C) NO. 25490 OF 2010 (I)
               =====================

           Dated this the 30th day of August, 2010

                         J U D G M E N T

Petitioner is the registered owner of Goods Carriage vehicle

bearing Regn.No.KL-25 9305. The said vehicle has been seized

on the allegation that it is involved in OR No.24/10. Confiscation

proceedings under Section 61A of the Forest Act is pending. In the

meanwhile, seeking release of the vehicle, this writ petition has

been filed.

2. I heard the learned Government Pleader appearing for

the respondents, who submits that the vehicle was seized on the

allegation that it was used for transportation of rose wood from

the patta land. It is also stated that the confiscation proceedings

are yet to be completed, and that, expeditious action will be

taken for completing the proceedings.

3. As at present, confiscation proceedings are only

pending. Therefore, pending finalisation of the proceedings, I see

no reason why the vehicle shall be kept under detention exposing

the same to sun and rain. On account of the above, it is only

appropriate that the vehicle should be released to the petitioner

WPC No. 25490/10
:2 :

on sufficient conditions imposed to safeguard the interest of the

respondents as well.

4. Taking into account all the above, the writ petition is

disposed of with the following directions;

(1) That the 1st respondent shall get the vehicle, of which

the petitioner is stated to be the registered owner, valued by a

competent officer of the Motor Vehicles Department. This shall be

done at any rate within 2 weeks of production of a copy of this

judgment.

(2) Once valuation is completed and certificate is

obtained, if the petitioner remits the value of the vehicle, the

vehicle will be released to the petitioner with an endorsement on

the RC about the pendency of the proceedings.

(3) The petitioner shall also undertake before the

respondents to produce the vehicle as and when called for and

also not to alienate or encumber the vehicle in any manner until

otherwise ordered.

ANTONY DOMINIC, JUDGE
Rp