IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 WP(C).No. 11376 of 2009(N) -------------------------- PETITIONER(S): --------------- SRI.T.R.GOPI, THEKKUMURIYIL HOUSE, KALLAR, VATHIYAR P.O. BY ADV. SRI.JOHN K.GEORGE SRI.SHYJU RESPONDENT(S): --------------- 1. THE DIVISIONAL FOREST OFFICER, KERALA FOREST DEPARTMENT, MANKULAM, ADIMALI. 2. THE RANGE OFFICER, KERALA FOREST DEPARTMENT, MANKULAM, ADIMALI. BY SPECIAL GOVERNMENT PLEADER SRI.M.K.POULOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J --------------------------- W.P.(C).11376 of 2009 --------------------------- Dated this the 27th day of May, 2009 JUDGMENT The petitioner is the owner of a Mini lorry, which according to him, was being used for his own timber business. While it was transporting timber logs purchased by him from Mankulam to Perumbavoor, it was seized by the 2nd respondent on the ground that certain logs of Ambazham tree were also being transported, which according to the 2nd respondent, cannot be transported, except with a pass. An O.R. has been registered and it is seen that proceedings are afoot under Section 61-A of the Forest Act proposing confiscation of the vehicle as also the goods. Ext.P2 was issued on 18.2.2009 by the Divisional Forest Officer, giving an option to the petitioner to get the vehicle released on furnishing bank guarantee. The petitioner prays for a direction for release of the vehicle, without insisting on the production of a bank guarantee. W.P.(C).11376 of 2009 :: 2 :: 2. A statement has been filed by the 1st respondent pointing out that the confiscation proceedings are continuing and it will be completed at the earliest. The investigation is also being completed. The land in question from where the forest logs were obtained is forest land and is covered by Ext.R1(c) notification. In these circumstances, the direction for release of the vehicle on furnishing bank guarantee is justified. 3. I heard counsel on both sides. 4. Since proceedings under Section 61-A of the Forest Act is almost completed, as submitted by the learned Government Pleader, in my view, interest of justice would be met, if the said proceedings are completed with as much expedition as possible. Accordingly, the writ petition is disposed of directing the 1st respondent to complete the proceedings under Section 61-A of the Act in relation to the W.P.(C).11376 of 2009 :: 3 :: petitioner's vehicle within one month from the date of receipt of a copy of this judgment. Sd/- (V.GIRI) Judge sk/ //true copy// P.S. to Judge