IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 WP(C).No. 6174 of 2008(I) ------------------------- PETITIONER: ------------ M.K.SALEEM, S/O.M.K.HAMZA, AGED 32 YEARS, MOOCHIKKADAN HOUSE, OTHUKKUNGAL, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: ------------- 1. THE DIVISIONAL FOREST OFFICER, PALAKKAD. 2. THE FOREST RANGE OFFICER, WALAYAR FOREST RANGE, WALAYAR, PALAKKAD DISTRICT. BY SPECIAL GOVERNMENT PLEADER, SRI.RENJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ======================= W.P.(C) No.6174 of 2008 (I) ======================= Dated this the 29th day of February, 2008 JUDGMENT In this writ petition, the prayer sought for is to direct the respondents to remove the articles confiscated by Ext.P2 order or in the alternative to permit the petitioner to remove the confiscated machineries and transport the machineries to the premise suggested by the respondent. 2. Admittedly, the machineries in question were confiscated by Ext.P2 order and the said order is not under challenge and has become final. Therefore, necessarily the machineries confiscated will have to be either sold or in any case removed from the premises where it now stands. Petitioner's complaint is that because of non-removal of the machinery he is not in a position to make use of the building. The petitioner is also inviting my attention to Ext.P3 judgment of this Court wherein a similar case was dealt with and permission for removal was granted to the petitioner therein. That case was similar on W.P.(C) No.6174/2008/I -2- facts and therefore petitioner is justified in asking for similar relief in this writ petition. After hearing the counsel for the petitioner and learned Government Pleader for the respondent, I dispose of this writ petition with the following directions: Within one month from today, it will be open to the respondent to invite tenders and dispose of the machineries and to remove the same from the premises of the petitioner. In case machineries are not be disposed of and removed as above, it will be open to the petitioner to approach the 1st respondent and 1st respondent shall forthwith suggest any location to which the machineries are to be shifted. Once such suggestion is made by the 1st respondent, the petitioner shall at his cost dismantle and transport the machineries to the premises suggested by the 1st respondent. Necessarily, such removal and transportation of the machineries shall be only under the supervision of the 1st respondent or his subordinate. The writ petition is disposed of as above. ANTONY DOMINIC, JUDGE jp