IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WP(C).No. 37018 of 2008(F) -------------------------- PETITIONER(S): --------------- SIMON JOSEPH, S/O.JOSEPH KANDARAPALLIL, AGED 56 YEARS, KANDARAPALLIL, NALLOORNADU P.O. MANANTHAVADY. BY ADV. SRI.B.N.SHIVSANKAR RESPONDENT(S): --------------- 1. AUTHORISED OFFICER, DIVISIONAL FOREST OFFICE, NORTH WYNAD DISTRICT, MANANTHAVADI. 2. FOREST RANGE OFFICER, BEGUR RANGE, NORTH WYNAD, MANANTHAVADI. 3. DIVISIONAL FOREST OFFICER, NORTH WYNAD DISTRICT, MANANTHAVADI. BY GOVT. PLEADER SRI. M.R. SABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No. 37018 OF 2008 ------------------------ Dated this the 6th day of February, 2009. JUDGMENT The prayer in this writ petition is to direct the respondents to release the vehicle bearing registration No.KL-12-245, accepting bank guarantee. The vehicle was involved in forest offences and it was therefore that the same was seized. According to the petitioner as the proceedings are pending there is no reason to keep the lorry under detention. 2. However, the Government Pleader has informed this Court that on 1.12.2008 final order has been passed and the lorry has been ordered to be confiscated. According to the Government Pleader till date the said order has not been challenged. 3. In any case, having regard to the fact that final order of confiscation has been passed under Section 61A of WP(C).No.37018/08 /2/ the Forest Act, there is no question of directing release of the vehicle in the manner as sought for. Writ petition fails and is dismissed. However, this judgment shall not stand in the way of the petitioner challenging the final order or seeking release of the vehicle in that proceedings. (ANTONY DOMINIC) JUDGE vi/