IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 WP(C).No. 28286 of 2008(P) -------------------------- PETITIONER(S): --------------- SHERAB T.M., S/O.MUTHU, THOTTATHIL HOUSE, THODUPUZHA TALUK. BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------- 1. DIVISIONAL FOREST OFFICER, OFFICE OF THE DIVISIONAL FOREST OFFICER, THRISSUR DIVISION, COLLECTORATE, AYYANTHOLE, THRISSUR. 2. FOREST RANGE OFFICER, FLYING SQUAD, THRISSUR (O.R.NO.2 OF 2008 OF PONGANAMKADU FOREST STATION). 3. DEPUTY RANGER, PONGANAMKADU FOREST DIVISION, THRISSUR. BY GOVT. PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - W.P.C.No. 28286 of 2008 P - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of October, 2008 JUDGMENT A vehicle – Toyota Qualis car, KL 7/Z 123, belonging to the petitioner was seized on 30.1.2008 on the allegation that it was involved in transportation of sandal oil. The seizure was reported to the Magistrate and an occurrence report was registered at the concerned forest station. The petitioner came to this Court complaining about the rejection of his application under Section 457 Cr.P.C. to return the vehicle. It was then brought to the notice of the court that proceedings under Section 61A of the Kerala Forest Act have already been initiated. The petitioner then submitted that he shall apply for interim release of the vehicle to him before the forest authorities and accordingly that petition was closed as per order dt.12.8.2008 in Cr.M.C. 2807 of 2008. The petitioner applied for interim release of the vehicle. It is reported now that even prior to 12.8.08 by order dt.15.7.2008 the said prayer of the petitioner stood rejected. The W.P.C.No. 28286 of 2008 2 petitioner has come to this Court now to challenge the said order invoking the jurisdiction under Article 226 of the Constitution. 2. The learned Govt. Pleader was directed to take instructions. After taking instructions from the authorised officer he submits that final orders shall be passed under Section 61A of the Kerala Forest Act on or before 17.11.2008 and if final orders cannot be passed by that date, the vehicle shall be released to the petitioner on condition that he produces bank guarantee for the value of the vehicle from any Nationalised bank. 3. The learned counsel for the petitioner submits that in the light of the submissions of the learned Govt. Pleader, no further orders are necessary in this writ petition. 4. This Writ Petition is accordingly dismissed accepting the submissions of the Govt. Pleader. (R. BASANT) Judge tm