IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 WP(C).No. 23406 of 2011(A) ---------------------------------------- PETITIONER(S): ----------------------- SUDHAKARAN, S/O.T.V. PRABHAKARAN PRABHA NIVAS, KUTTAMPEROOR P.O, MANNAR, DIST. KOTTAYAM. BY ADV. SRI.K.REGHU KOTTAPPURAM, SRI.M.MUKESH. RESPONDENT(S): -------------------------- 1. THE RANGE OFFICER ERUMELI RANGE, ERUMELI, DIST. KOTTAYAM, PIN- 686 509. 2. THE OFFICER IN CHARGE VANDANPADHAL FOREST GUARDS STATION MUNDAKKAYAM, DIST. KOTTAYAM, PIN- 686 513. 3. THE DIVISONAL FOREST OFFICER KOTTAYAM, PIN- 686 001. R1 TO R3 BY GOVT. PLEADER MR.BENNY VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 23406 of 2011(A) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RC BOOK OF THE VEHICLE BEARING NO.A0264811. EXT.P2: COPY OF THE RECEIPT NO.136327 DATED 31/05/2011. EXT.P3: COPY OF THE SCHEDULE UNDER THE PROVISO TO SUB RULE (4) OF RULE 4. RESPONDENT'S EXHIBITS: BNIL. //TRUE COPY// P.S. TO JUDGE rs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 23406 OF 2011 ----------------------------------------------------- Dated this the 6th day of September, 2011 J U D G M E N T Petitioner claims to be the registered owner of a Pick Up Carrier Vehicle bearing Reg.No.KL-30-A-5595. According to the petitioner respondents 1 and 2 are interfering with the operations of the petitioner by threating to seize the vehicle on the allegation that an Angili tree, in the compound of the saw Mill at Mundakkayam, standing in the property of one Sabu, was cut and removed by the aforesaid person to transport timber in the vehicle of the petitioner. It is on this allegation the writ petition has been filed, with the following prayers: “(i) Issue appropriate Writ preventing the respondents 1 and 2 from interfering with the peaceful operation of the goods carrier of the petitioner vide Reg.No.KL-30-A-5595 in connection with the finding of the Angili tree cut and removed by Sabu in the Saw Mill owned by Kudappana Joy, W.P.(C) No. 23406 OF 2011 :2 : (ii) Issue a Writ declaring that the respondents 1 and 2 have no jurisdiction or power to proceed against a vehicle transporting Angili tree as it come under the list of trees the transport of which do not require a transit pass even in the case of forest land as indicated by Ext.P3 Schedule under proviso to Sub rule 4 of Rule 4 of Kerala Forest Produce Transit Rules 1975.” 2. Instructions obtained by the Government Pleader show that on the allegation that an Angili tree has been cut and removed from the tribal area classified as reserve forest, O.R.No.9/2011 of Vandanpathal Forest Station in Erumeli Range has been registered alleging offences under S.27(1)(d) of the Kerala Forest Act. It is stated in the said case 4 accused have already been apprehended. According to the learned Government Pleader, the vehicle in question was used for the transportation of the timber and therefore the vehicle is liable to be proceeded with under S.61(A) of the Forest Act. W.P.(C) No. 23406 OF 2011 :3 : 3. Now from the submissions made by the learned Government Pleader, the proceedings against the vehicle are pending and if that be so, respondents are entitled to take action against the said vehicle and in such a situation if the vehicle is taken into custody, the remedy of the petitioner is to seek interim custody, pending finalization of the proceedings before the respondents. Therefore without prejudice to that right of the petitioner, this writ petition is dismissed. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge