IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 WP(C).No. 27126 of 2009(I) -------------------------- PETITIONER(S): --------------- VIJAYAN,S/O.KUTTAN,ARUN NIVAS, ALAMPARA, NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.K.SASIKUMAR RESPONDENT(S): --------------- 1. DIVISIONAL FOREST OFFICER, THIRUVANANTHAPURAM. 2. RANGE OFFICER, PALODE FOREST RANGE OFFICE, THIRUVANANTHAPURAM DISTRICT. 3. CONSERVATOR OF FOREST, KOLLAM. BY SRI. P.M.PAULSON, SPL.GOVT. PLEADER FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 27126/09 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CIRCULAR DT. 5.1.2009 ISSUED BY THE GOVT. OF KERALA HOME (a) DEPT. THROUGH THE CHIEF SECRETARY OF THE STATE. EXT.P2: COPY OF THE ORDER DT. 28.1.2009 ISSUED BY THE 1ST RESPONDENT. EXT.P3: A READABLE COPY OF EXT.P2 EXT.P4: COPY OF THE PETITION DT. 21.2.2009 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P5: COPY OF THE APPLICATION DT. 4.6.2009 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P6: COPY OF THE PETITION DT. 30.6.2009 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P7: COPY OF THE EXPLANATION DT. 15.7.2009 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P8: COPY OF THE ORDER DT. 18.8.2009 ISSUED BY THE 1ST RESPONDENT. EXT.P9: COPY OF THE REVISION PETITION DT. 14.9.2009 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P10: COPY OF THE PETITION DT. 19.9.2009 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P11: COPY OF THE LETTER DT. 10.9.2009 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, PWD MECHANICAL SUBDIVISION, THIRUVANANTHAPURAM. EXT.P12: COPY OF THE APPEAL MEMORANDUM DT. 12.10.2009 IN C.M.A. NO.77/2009 OF THE ADDL. DISTRICT COURT-II, TRIVANDRUM. EXT.P13: COPY OF THE I.A. NO.2320/2009 AND AFFIDAVIT IN C.M.A. NO.77/2009 OF THE ADDL. DISTRICT COURT-II, THIRUVANANTHAPURAM. EXT.P14: COPY OF THE I.A. NO.2321/2009 AND AFFIDAVIT IN C.M.A. NO.77/2009 OF THE ADDL. DISTRICT COURT-II, THIRUVANANTHAPURAM.. PA TO JUDGE TRUE COPY P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 27126 OF 2009 -------------------------- Dated this the 16th day of November, 2009 J U D G M E N T The petitioner is the registered owner of a jeep bearing registration number KL-02 E 7618. By Ext.P8 order passed on 18.8.2009, the Divisional Forest Officer, Thiruvananthapuram, ordered confiscation of the petitioner's vheicle under Section 61A of the Kerala Forest Act, 1961. Aggrieved by Ext.P8 order, the petitioner has filed C.M.A. No.77 of 2009 in District Court- II, Thiruvananthapuram under Section 61D of the Kerala Forest Act, 1961. This writ petition is filed seeking a direction to the respondents to release the petitioner's vehicle by way of interim custody. The petitioner has also sought a direction to the Conservator of Forests, Kollam, to dispose of Ext.P9 representation filed by him from Ext.P8 order in so far as it relates to another vehicle bearing registration number KL-01 K 7308, which was not ordered to be confiscated. 2. After this writ petition was admitted, the petitioner's vehicle was sold in public auction on 23.10.2009. By order passed on 6.11.2009, this Court has stayed the confirmation of sale by public auction for the reason that the vehicle is still in W.P.(C) No. 27126/09 2 the custody of the petitioner. In my opinion, since the petitioner has invoked the statutory remedy available to him by filing an appeal under Section 61D of the Kerala Forest Act, 1961 (CMA No.77 of 2009) the vehicle should not be disposed of till such time as the appeal filed by him is heard and disposed of. In such circumstances, I dispose of this writ petition with a direction to the District Court-II, Thiruvananthapuram, to hear and dispose of CMA No.77 of 2009 expeditiously and in any event within three months from the date of receipt of a copy of this judgment. Till such time as orders are passed on the appeal and for a period of two weeks thereafter, confirmation of the sale of the petitioner's vehicle pursuant to the sale held on 23.10.2009 shall stand stayed. The rights of parties shall stand governed by the decision of the appellate court in CMA No.77 of 2009. The contentions of both sides on merits are kept open. The registry is directed to communicate a copy of this judgment to the District Court, Thiruvananthapuram, for compliance. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 27126/09 3