IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE, ANTOMY DOMINIC FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 WP(C).No. 33703 of 2011(K) ------------------------------------ PETITIONER ----------------- VIJI JOSEPH, AGED 33 YEARS, S/O.JOSPEH, THUNDATHIL HOUSE, THULAPPALLY P.O., PAMPA VALLEY, RANNI, PATHANAMTHITTA. BY ADVS. SRI.SHAIJAN C.GEORGE SRI.JOHN VIPIN SMT.S.REKHA KUMARI SMT.SAJITHA GEORGE RESPONDENTS --------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETATRY TO GOVERNMENT, FOREST DEPARTMENT, THIRUVANANTHAPURAM-695 001. 2. THE DEPUTY RANGER, FOREST STATION, PALAPPLLY P.O., PATHANAMTHITTA-691 531. R1& R2 BY GOVT. PLEADER SRI. MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dlk WP(C).No. 33703 of 2011(K) APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1. COPY OF THE REGISTRATION CERTIFICATE OF THE MAHINDRA JEEP NO.KL-7/U-1431. EXHIBIT P2. COPY OF THE CONTRACT CARRIAGE PERMIT NO.P-C03/74/2009 DATED 20/1/2009 VALID UP TO 19/1/2014. EXHIBIT P3. COPY OF THE SEIZURE REPORT IN FROM 1 AND ANNEXED MAHAZAR DATED 8/10/2011 EXHIBIT P4. COPY OF THE STATEMENT PREPARED BY THE 2ND RESPONDENT. EXHIBIT P5. COPY OF THE RETRACTING STATEMENT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENTS EXIHIBITS: NIL // TRUE COPY// P.A. TO JUDGE dlk ANTONY DOMINIC, J. --------------------------------------- W.P.(C) No. 33703 of 2011 ---------------------------------------- Dated this the 16th day of December, 2011 JUDGMENT Petitioner claims to be the registered owner of a jeep bearing No.KL-7/U-1431. On 8.10.2011, the vehicle was seized by the 2nd respondent on the allegation that it was used in violation of the provisions contained under the Wild Life Protection Act and the Kerala Forest Act. The vehicle is now in the custody of the 2nd respondent. In this writ petition what is sought by the petitioner is a direction to release the vehicle, getting finalisation of proceedings under 61 A of the Act. 2. I heard the learned counsel appearing for the petitioner and also learned Government Pleader appearing for respondents. 3. Now that proceedings have been initiated against the petitioner, such proceedings are to be concluded by the respondents. Until finalisation of the proceedings there is no reason why vehicle is kept in detention, exposing it to sun and rain and causing damages. W.P.C. No. 33703 OF 2011 -2- Therefore, I dispose of this writ petition directing that it will open to the respondents to get the value of vehicle assessed by a competent officer of Motor Vehicle Department. Once the value is so assessed, it will be open to the petitioner, furnish a bank guarantee for full value, in which event subject to the finalisation of proceedings, the vehicle shall be released to the petitioner. ANTONY DOMINIC, JUDGE. Kp/-