IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 WP(C).No. 26853 of 2011(F) --------------------------------- PETITIONER(S): ------------------- PRINCE, AGED 44 YEARS, S/O. LUCKA, VALLOMPARAYIL HOUSE, KOLLICHAL P.O., PANATHADY, HOSDURG TALUK. BY ADV. SRI.GEORGE BRISTON RESPONDENT(S): --------------------- 1. THE DIVISIONAL FOREST OFFICER, KANNUR DIVISION, KANNUR - 670 001. 2. THE FOREST RANGE OFFICER, KANHANGAD, KANNUR DISTRICT - 670 001. 3. THE SUB INSPECTOR OF POLICE, RAJAPURAM POLICE STATION, KALLAR, KANNUR DISTRICT - 670 001. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY, FOREST DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY SPL. GOVT. PLEADER SRI. JAMES KURIAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 26853/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE TAX LICENSE ISSUED BY THE MOTOR VEHICLES DEPARTMENT WHICH SHOWS THE PAYMENT OF THE TAX FROM 1.7.2011 TO 30.9.2011. P2: COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE GOVERNMENT ISSUED DTD.27.3.2010. P3: COPY OF THE SEIZURE MAHAZAR DTD.20.8.2011. P4: COPY OF THE FIRST REPORT/MAHAZAR SUBMITTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HOSDURG, DTD.24.8.2011. P5: COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER PANATHADY DTD.24.8.2011 ISSUED TO LAKSHMIKUTTY AMMA. P6: COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER PANATHADY DTD.24.8.2011 ISSUED TO SAJEESHKUMAR. P7: COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER PANATHADY DTD.24.8.2011 ISSUED TO VIJUMON. P8: COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER PANATHADY DTD.24.8.2011 ISSUED TO NARAYANAN. P9: COPY OF THE APPLICATION SUBMITTED BY THE LAKSHMIKUTTY AMMA BEFORE THE 2ND RESPONDENT DTD.2.9.2011. P10: COPY OF THE APPLICATION SUBMITTED BY THE NARAYANAN BEFORE THE 2ND RESPONDENT DTD.2.9.2011. P11: COPY OF THE APPLICATION SUBMITTED BY THE VIJUMON T.M. BEFORE THE 2ND RESPONDENT DTD.2.9.2011. P12: COPY OF THE APPLICATION SUBMITTED BY THE SAJEESHKUMAR BEFORE THE 2ND RESPONDENT DTD.2.9.2011. P13: COPY OF THE ORDER PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HOSDURG, DTD.5.9.2011. Svs ............2/-... ...2... WPC. NO.26853.2011 P14: COPY OF THE APPLICATION FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HOSDURG DTD.14.9.2011. P15: COPY OF THE APPLICATION SUBMITTED ON BEFORE THE 1ST RESPONDENT DTD.17.9.2011. P16: COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE 1ST RESPONDENT DTD.20.9.2011. P17: COPY OF THE ORDER DTD.23.9.2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 26853 OF 2011 ----------------------------------------------------- Dated this the 18th day of October, 2011 J U D G M E N T Petitioner claims to be the owner of a vehicle bearing Reg.No. KL 60 B-4137. It is seen that the vehicle is involved in O.R.No.8/11 of the 2nd respondent. In this writ petition what is sought for by the petitioner is interim custody of the vehicle. The learned Government Pleader appearing for the respondent confirmed the involvement of the vehicle in the aforesaid O.R. and pendency of the proceedings u/s 61A of the Kerala Forest Act. 2. Since the aforesaid proceedings are pending and if Ext.P15 application made by the petitioner for release of the vehicle is pending before the first respondent, I direct that the first respondent to get the value of the vehicle assessed by a competent officer of the Motor Vehicles Department and if the petitioner furnishing adequate security for the same, release the vehicle, pending W.P.(C) No. 26853 OF 2011 :2 : finalization of the proceedings. Valuation of the vehicle shall be got completed and orders in this behalf shall be passed at any rate within 2 weeks from the date of receipt of a copy of this judgment along with a copy of this writ petition. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge