IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 WP(C).No. 28991 of 2011(Y) ----------------------------------------- PETITIONER(S): ------------------------ P.MURUKAYYA, S/O. PANDIYYAN, AGED 35 YEARS, HOUSE NO.5, GUNDUMALA ESTATE LOWER DIVISION, MUNNAR TOWN, DEVIKULAM TALUK. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): ---------------------------- 1. DIVISIONAL FOREST OFFICER, MARAYOOR, IDUKKI DISTRICT-685 620. 2. RANGE OFFICER, MARAYOOR FOREST RANGE, IDUKKI DISTRICT-685 620. 3. DEPUTY RANGER, FOREST STATION, MARAYOOR-685 620. 4. A.SHAHUL HAMEED, S/O. ABDUL KHADER, HOUSE NO.53, GOUSE MUGAIDHEEN COLONY, PALAKKAD TOWN, PALAKKAD-678 001. R1 TO R3 BY SPL.GOVERNMENT PLEADER (FOREST)SRI.JAMES KURIAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.28991/2011 Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE AGREEMENT FOR THE SALE OF THE VEHICLE WITH THE 4TH RESPONDENT. EXT.P1(a): TRUE MALAYALAM TRANSLATION OF EXT.P1. EXT.P2 : TRUE COPY OF REGISTRATION CERTIFICATE OF VEHICLE BEARING NO. KL-9/B 1638. EXT.P3 : TRUE COPY OF THE OCCURRENCE REPORT IN OR NO.1/11 OF MARAYOOR FOREST STATION. EXT.P4 : TRUE COPY OF THE REMAND APPLICATION OF ACCUSED IN OR NO.1/2011 OF MARAYOOR FOREST STATION. EXT.P5 : TRUE COPY OF THE APPLICATION OF THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J ....................................................... W.P.(C).28991/2011 .............................................. Dated this the 2nd day of November, 2011 JUDGMENT O.R.No.1/2011 of Marayoor Forest Station has been registered by the second respondent against the vehicle bearing No.KL-9B-1638 and the proceedings are pending before respondents 1 and 2. At that stage, petitioner has filed this writ petition seeking interim custody of the vehicle claiming that though the registered owner is the fourth respondent, he is the agreement owner. 2. Going by the pleadings, proceedings under Section 61A of the Forest Act are pending against the vehicle and it is for the official respondents to conclude the same in accordance with law. In the meantime, no useful purpose will be served in keeping the vehicle under detention exposing it to sun and rain. 3. Therefore, I direct that it will be open to the registered owner of the vehicle to apply for interim custody of the vehicle in which event, the respondents will get the value of the vehicle assessed by a competent officer of the Motor Vehicles Department and if W.P.(C).28991/11 2 bank guarantee is furnished, vehicle will be released to the registered owner, on interim custody basis. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs