IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 WP(C).No. 37465 of 2009(C) -------------------------- PETITIONER(S): --------------- SIDHEEQUE KAVUNGAL, REPRESENTED BY P/A ABDUSSAMAD, AGED 22 YEARS, S/O. MAMMADU, KEERALUNGAL PURA HOUSE, KARIPPUR AMSOM, CHIRAYIL DESOM, TIRURANGADI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.SHIBILI NAHA SMT.A.LOWSY RESPONDENT(S): --------------- 1. DIVISIONAL FOREST OFFICER, NILAMBUR NORTH DIVISION, NILAMBUR. 2. THE RANGE OFFICER, KODAMPUZHA FOREST STATION, MALAPPURAM. GOVERNMENT PLEADER, SHRI P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.37465/2009-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 6th day of January, 2010 J U D G M E N T The petitioner is the registered owner of a Motor Cycle bearing Registered No.KL-10-AA-3860. The vehicle was intercepted and was taken in possession by the Sub Inspector alleging illicit transportation of 12.250 gms. of Sandal wood pieces. A crime, namely, Crime No.316/08 was registered under Section 41(1) read with Section 102 of the Code of Criminal Procedure. Presently, O.R.No.4/2008 is pending against him which was registered under the Kerala Forest Act. 2. Earlier, the petitioner moved this Court by Crl.M.C.No.3535/2009 seeking for various reliefs and, therein, this Court observed that the petitioner is at liberty to approach the authorised officer to get interim custody of the vehicle. It was further directed that if such an application is filed, the authorised officer will pass appropriate orders in accordance with law. 3. Ext.P5 is the application submitted by the petitioner before the Divisional Forest Officer seeking for interim custody of the said motor cycle. In this writ petition, he is aggrieved by Ext.P6 order of the Divisional Forest Officer wherein a communication was given to the W.P.(C). No.37465/2009 -:2:- effect that the vehicle has been included for Public Auction to be held on 30/12/2009. While admitting the writ petition, this Court directed that the auction will stand suspended for three weeks. 4. The learned Government Pleader on instructions submitted that the proceedings under the Forest Act is yet to be finalised and the proposal for conduct of the auction is not being proceeded as of now. 5. In the light of the same, the writ petition is disposed of with the following directions:- i. There will be a direction to the Divisional Forest Officer to take a decision on Ext.P5, the application for interim custody of the motor cycle, within a period of three weeks from the date of receipt of the copy of this Judgment. ii. The proceedings under the Kerala Forest Act will be finalised within three months from the date of receipt of a copy of this Judgment. No costs. (T.R. Ramachandran Nair, Judge.) ms