IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 30944 of 2008(H) -------------------------- PETITIONER: --------------- 1. VARGHESE,S/O YOHANNAN, KUNNEL VEEDU, CHAKKUPALLAM KARA AND VLLAGE, UDUMBANCHOLA TALUK. 2. M.RAJENDRAN, SON OF MADHAVAN, ALINKAL HOUSE, KURUPPUPALAM KARA, PERIYAR, VILLAGE, PEERUMEDU TALUK. BY ADV. SRI.MATHEW JOHN (K) SRI.AJEESH K.SASI RESPONDENTS: --------------------- 1. THE DIVISIONAL FOREST OFFICER, KOTTAYAM. 2. THE RANGE OFFICER, FOREST RANGE OFFICE, KUMILI. BY SPL. GOVT. PLEADER SRI. RENJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.30944 of 2008 -------------------------- Dated this the 10th November, 2008 J U D G M E N T Vehicles belonging to the petitioners were taken into custody by the 2nd respondent on the premise that they were found engaged in transporting timber trees without necessary documents. Exhibit -P3 Application filed by the petitioners before the 1st respondent is pending consideration. Respondents have taken confiscation proceedings pursuant to the registration of OR No.8 of 2008. In the meanwhile, vehicles are lying exposed to sun and rain. Therefore, petitioners have approached this Court for a direction to respondents to release the vehicles. 2. I heard Sri.Mathew John, learned counsel for the petitioners and Sri.Renjith Thampan, learned Special Government Pleader for the respondents. Mr.Thampan submits that pending finalization of confiscation proceedings, it may not be available to the respondents to W.P ( C) No.30944 of 2008 2 release the vehicles. 3. In the circumstances, I am of the view that appropriate directions be given to the respondents to complete the confiscation proceedings, at the earliest. In the result, the writ petition is disposed of directing the 1st respondent to complete the confiscation proceedings initiated in relation to the vehicles belonging to petitioners pursuant to OR 8/2008 of Kumily Range, as early as possible, at any rate within ten weeks from today. If there is delay in the completion of the confiscation proceedings within the time frame mentioned above, vehicles shall be released to the petitioners provided the petitioners furnish a bank guarantee for the amount to be fixed by the 1st respondent. The writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.30944 of 2008 3 W.P ( C) No.30944 of 2008 4 W.P ( C) No.30944 of 2008 5