IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 WP(C).No. 26484 of 2011(I) -------------------------- PETITIONER(S): ------------------------- SANKARAPILLAI, S/O.KRISHNAPILLAI, AGED 50 YEARS, MALAYAPARAMBIL HOUSE, KEERIKODE KARA, KARIKODE VILLAGE, THODUPUZHA. BY ADV. SRI.T.J.MICHAEL RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPT. OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. DIVISIONAL FOREST OFFICER, FOREST DIVISIONAL OFFICE, KOTHAMANGALAM-686691. 3. FOREST RANGE OFFICER, FOREST RANGE OFFICE, MUTTOM P.O.-685587, THODUPUZHA. SPL.GOVT.PLEADER SRI.JAMES KURIAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.26484/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF KL-07/T-9216 DATED 18.7.2009 EXT.P2 TRUE COPY OF THE TAX TOKEN DATED 23.8.2011 EXT.P3 TRUE COPY OF OCCURRENCE REPORT DATED 5.9.2011 EXT.P4 TRUE COPY OF ORDER OF JFMC-I, THODUPUZHA IN CMP NO.7720/2011 DATED 01.10.2011 //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO.26484 OF 2011 ===================== Dated this the 12th day of October, 2011 J U D G M E N T Petitioner claims to be the registered owner of goods carriage vehicle bearing Regn.No.KL-07/T-9216. The vehicle is involved in OR 33/11 of Thodupuzha Forest Range Office. Proceedings under Section 61A of the Kerala Forest Act are pending before the 1st respondent. In the meantime, petitioner has approached this Court seeking a direction to the respondents to release the vehicle till the finalisation of the confiscation proceedings. 2. I heard the learned Government Pleader appearing for the respondents, who confirm the pendency of OR 33/11. He also submits that the vehicle in question was involved in the transportation of forest produce and it was therefore that proceedings were initiated against the vehicle. 3. Irrespective of the pendency of the proceedings, it is inevitable that finalisation of the proceedings is going to take time. No useful purpose will be served if the vehicle is kept under detention exposing the same to sun and rain until the finalisation WPC No. 26484/11 :2 : of the proceedings. 4. Therefore, I feel it only proper that the registered owner of the vehicle should be given interim custody of the vehicle, provided, he is willing to furnish adequate security to safeguard the interest of the respondents. In that view of the mater, I dispose of this writ petition directing that the 2nd respondent will get the value of the vehicle assessed by a competent officer of the Motor Vehicles Department, and if the petitioner furnishes adequate security to the satisfaction of the 2nd respondent, 2nd respondent will release the vehicle to the petitioner pending finalisation of the proceedings under Section 61A of the Kerala Forest Act. ANTONY DOMINIC, JUDGE Rp