IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 23439 of 2008(M) PETITIONER: --------------------- U.C.PATHUMMA, W/O. BEERANKUTTY, CHALIL HOUSE, P.O.PAPDINHARATHARA, VYTHIRI TALUK, WAYANAD DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENTS: ------------------------ 1. THE DIVISIONAL FOREST OFFICER, NORTH WAYANAD FOREST DIVISION, MANANTHAVADY, WAYANAD DISTRICT. 2. THE FOREST RANGE OFFICER, MANATHAVADY. BY SPECIAL GOVERNMENT PLEADER SRI.RANJIT THAMPAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23439 of 2008 APPENDIX PETITIONERS' EXHIBITS: EXT.P1: TRUE COPY OF THE FIRST REPORT DATED 7.12.2007 PREPARED BY THE 2ND RESPONDENT. EXT.P1(A): TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF VEHICLE NO.KL.12/D.171. EXT.P2: TRUE COPY OF THE AGREEMENT DATED 25.7.2007. EXT.P3: TRUE COPY OF THE REPORT DATED 15.12.2007 PREPARED BY THE VILLAGE OFFICER, PERUNNANNORE. EXT.P4: TRUE COPY OF THE SKETCH PLAN DATED 15.12.2007 PREPARED BY THE VILLAGE OFFICER, PERUNNANNORE. EXT.P5: TRUE COPY OF THE ORDER DATED 28.1.2008 IN CRL.M.C.NO.179/2008 OF THIS HONOURABLE COURT. EXT.P6: TRUE COPY OF THE REPRESENTATION DATED 9.5.2008 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P7: TRUE COPY OF THE JUDGMENT DATED 17.6.2008 IN WP(C)NO.16813/2008 OF THIS HON'BLE COURT. EXT.P8: TRUE COPY OF THE ORDER DATED 14.7.2008 OF THE 1ST RESPONDENT. EXT.P9: TRUE COPY OF THE JUDGMENT DATED 20.6.2008 IN CRL.M.C.NO.1987/08 OF THIS HONOURABLE COURT. RESPONDENTS' EXHIBITS: NIL //true copy// Sk/- P.S. To Judge V. GIRI, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).23439 of 2008 M - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of September, 2008 JUDGMENT The petitioner challenges Ext.P8 order passed by the Divisional Forest Officer, North Wayanad Division, rejecting his request for interim custody of the vehicle for which confiscation proceedings are initiated under Section 61 A of the Kerala Forest Act. 2. After hearing counsel on both sides, I think, the confiscation proceedings must be completed at the earliest. It is so undertaken by Mr.Ranjith Thampan, learned Special Government Pleader. In the result, the writ petition is disposed of directing the respondents to complete the confiscation proceedings arising from O.R.No.7/07 of North wayanad Division, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment. Counsel for the petitioner shall be entitled to renew the request for release of the vehicle, if the confiscation proceedings W.P.(C).23439 of 2008 :: 2 :: are not completed within the aforesaid time frame. If such orders are passed, then fresh orders for interim custody shall be passed untrammelled by Ext.P8, within one week from the date of such application. Sd/- (V.GIRI) JUDGE. sk/- //true copy// P.S. To Judge