IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 WP(C).No. 38182 of 2010(W) -------------------------- PETITIONER(S): ---------------------- BIJU, S/O. VARGHESE, MULLANCHIRAYIL HOUSE, KULAPPARACHAL KARA, RAJAKUMARI VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.REFEECK CHENNARA RESPONDENT(S): ---------------------- 1. DIVISIONAL FOREST OFFICER, MUNNAR, DEVIKULAM, DEVIKULAM.P.O, IDUKKI DISTRICT. 2. RANGE OFFICER, DIVISIONAL FOREST OFFICER, DEVIKULAM, DEVIKULAM.P.O, IDUKKI DISTRICT. SPL.GOVT.PLEADER SRI.BENNY VARGHESE FOR FOREST THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 38182 OF 2010 ===================== Dated this the 22nd day of December, 2010 J U D G M E N T Proceedings have been initiated against the petitioner under Section 61A of the Forest Act and such proceedings are still pending before the 1st respondent. From Ext.P4 notice, it is seen that the case now stands posted to 24.12.2010. It is while so, the petitioner has approached this Court challenging the proceedings contending that the proceedings are absolutely illegal. 2. In my view, if the petitioner has such a case, it is for the petitioner to appear before the 1st respondent, contest the matter and seek legal redressal of his grievance if the final order adverse to him ispassed. Therefore, at this stage the writ petition is premature. 3. It is clarified that in the event, there is delay in concluding the proceedings, it will be open to the petitioner to apply for interim custody of the vehicle, in which event, the 1st respondent will get the value of the vehicle assessed by a competent officer, and if the petitioner satisfies the conditions WPC No. 38182/10 :2 : imposed by the 1st respondent, the 1st respondent will release the vehicle to the petitioner. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp