IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 WP(C).No. 5438 of 2009(Y) ------------------------- PETITIONER(S): CLAIM PETITIONER ------------------------------- BABU, S/O.SATHYAVAN, HOUSE NO.X/05, KALLIDUMBI VEEDU, PANIYELI KARA, VENGOOR. BY ADV. MR.K.SUNILKUMAR RESPONDENT(S): --------------- 1. THE DIVISIONAL FOREST OFFICER, MALAYATTOOR, ERNAKULAM DISTRICT. 2. THE RANGE OFFICER, KODANADU FOREST STATION, KODANADU. MR.SANDESH RAJA, SPL. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.5438 of 2009 --------------------------------- 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 -2- 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