IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 WP(C).No. 32877 of 2011(H) --------------------------------------- PETITIONER(S): --------------------------- ELGISON VARGHESE, AGED 24 YEARS, S/O.VARGHESE, ALAKKARA HOUSE, HOUSE NO.XII/303, KOTTAPPADY VILLAGE, REPRESENTED BY THE POWER OF ATTORNEY , LISSY VARGHESE, W/O.VARGHESE, ALAKKARA HOUSE, HOUSE NO.XII/303,KOTTAPPADY KARA, KOTTAPPADY VILLAGE. BY ADVS. SRI.K.SUNILKUMAR SMT.JEENA REETHA RESPONDENT(S): ------------------------ 1. THE DIVISIONAL FOREST OFFICER, MALAYATTOOR FOREST DIVISION,MEKKAPALA FOREST STATION, ERNAKULAM DISTRICT-683 587. 2. THE RANGE OFFICER, FOREST STATION, MEKKAPALA-683 587. BY SPL. GOVT. PLEADER SRI.JAMES KURIAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.32877/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE R.C. PARTICULARS OF THE VEHICLE BEARING REG. KL-44/3655. P2:- COPY OF THE PETITION DTD. 15.11.2011 FILED BY THE PETITIONER BEFORE THE IST RESPONDENT RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 32877 of 2011 H ``````````````````````````````````````````````````````````` Dated this the 9th day of December, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner claims to be the owner of a Pickup Van bearing registration No.KL-44-3655. It appears that the vehicle is involved in O.R.No.31/2010 of Mekkappala Forest Station. Such proceedings are pending and the vehicle is under detention. It is in these circumstances, petitioner has approached this Court, seeking a direction for interim custody of the vehicle. 2. I heard the counsel for the petitioner and also the learned Government Pleader. 3. Although proceedings alleging violation of the provisions of the Forest Act are pending against the vehicle in question, I see no reason why the vehicle should be kept detained pending finalisation of such proceedings. 4. Therefore, I direct that, on the production of a copy of this judgment, the first respondent will get the value W.P.(C) No.32877/2011 : 2 : of the vehicle assessed by the competent officer of the Motor Vehicles Department. Once the value is so assessed, it will be open to the petitioner to furnish Bank Guarantee for the same, in which event, the first respondent will release the vehicle in question to the petitioner, pending finalisation of the proceedings. 5. Petitioner shall produce a copy of this judgment and a copy of the writ petition before the first respondent for compliance. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/09/12 // True Copy // P.A. To Judge