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