IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 WP(C).No. 9827 of 2011(C) -------------------------------------- PETITIONER(S): ------------------------ MINI, W/O.KANDASWAMY, AGED 30 YEARS, VATTAVAYALIL HOUSE, MICHEL GIRI POST OFFICE, KANTHALLOOR, DEVIKULAM TALUK. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): ---------------------------- 1. THE DIVISIONAL FOREST OFFICER, MARAYOOR, IDUKKI DISTRICT.685 612 2. RANGE OFFICER, MARAYOOR FOREST RANGE, IDUKKI DISTRICT. 685 612. 3. DEPUTY RANGER, FOREST STATION, NACHIVAYAL, MARAYOOR. 685 612. BY SPL. BP SRI.BENNY VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.9827 OF 2011(C) -------------------------------------------------- Dated this the 5th day of April, 2011 J U D G M E N T Petitioner is the registered owner of the vehicle bearing registration No.KL-3 K-6701. On the allegation that the vehicle was used for committing offence under the Kerala Forest Act, the vehicle was seized on 25.2.2011. It is stated that the vehicle is presently in the custody of the first respondent and is lying exposed to sun and rain. Pending finalization of the proceedings under Section 61A of the Forest Act petitioner sought interim custody of the vehicle. Orders were not passed and that lead the petitioner to file this writ petition. 2. Government Pleader has obtained instructions in the matter and submits that confiscation proceedings are pending. Now that such proceedings are pending, neither of the parties will be benefited by leaving the vehicle exposed to sun and rain. I am also inclined to think that no prejudice will be caused to the respondents if the vehicle is released with sufficient safe guards. 3. Therefore I direct that the first respondent will pass orders on Ext.P3 application made by the petitioner for interim WPC.No.9827 /2011 :2 : custody of the vehicle. The first respondent shall get the value of the vehicle assessed by a competent officer of the Motor Vehicle Department and if the petitioner furnishes bank guarantee for the full value of the vehicle and on the petitioner furnishing an undertaking to the effect that the vehicle will not be alienated or otherwise encumbered, pending finalization of the confiscation proceedings, the vehicle shall be released. An order as above shall be passed as expeditiously a possible and at any rate within one month from the date of production of a copy of the judgment. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/