IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 5438 of 2009(Y)
1. BABU, S/O.SATHYAVAN, HOUSE NO.X/05,
... Petitioner
Vs
1. THE DIVISIONAL FOREST OFFICER,
... Respondent
2. THE RANGE OFFICER, KODANADU FOREST
For Petitioner :SRI.K.SUNILKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :26/02/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C.) No.5438 of 2009
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Dated, this the 26th day of February, 2009
J U D G M E N T
The petitioner is the registered owner of a mini lorry bearing
Regn. No.KL-05/B-5796. Proceedings have been initiated against the
petitioner under Section 61A of the Forest Act on the allegation that
the vehicle was used for collecting timber from reserved forest. The
petitioner states that he has filed Ext.P2 before the 1st respondent
seeking custody of the vehicle pending finalization of the
proceedings. However, orders have not been passed. It is with that
grievance, the writ petition is filed.
2. The learned Government Pleader, who has instructions in
the matter, submits that the vehicle in question was taken into
custody on 07/01/2009, in view of the finding that the vehicle was
used for unauthorized transportation of timber from reserved forest.
However, even according to the learned Government Pleader,
proceedings are pending before the 1st respondent and are yet to be
finalized.
3. In view of this, I do not think that there is any reason for
WP(C) No.5438/2009
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keeping the vehicle in custody by exposing it to sun and rain
causing damages, which will not be to the advantage to both
parties. In view of this, I feel it is only appropriate that the vehicle is
released to the petitioner by providing sufficient safeguards to take
care of the interest of the respondents.
4. Accordingly, the writ petition is disposed of with the
following directions:-
(1) That the 1st respondent shall get the value of the vehicle
assessed by a competent officer, and if the petitioner furnishes Bank
Guarantee for the full value of the vehicle, the vehicle will be
released to the petitioner, subject to such other conditions as the 1st
respondent may deem fit.
(2) It is directed that the petitioner shall in addition to the above,
give an undertaking that he shall not alienate or encumber the
vehicle, and that he shall produce the same as and when called for.
5. The petitioner will produce a copy of this judgment
before the 1st respondent for compliance.
The writ petition is disposed of as above.
(ANTONY DOMINIC, JUDGE)
jg