IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 W.P(C).No. 9895 of 2008(C) --------------------------------- PETITIONER: --------------- M.J. JOHNY, MELATH VEETTIL, S/O.JOSEPH, KAMBATTY P.O., MANANTHAVADY. BY ADV. SRI.V.B.HARI NARAYANAN RESPONDENTS: ----------------- 1. THE STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, FOREST DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. DIVISIONAL FOREST OFFICER, MANANTHAVADY. BY SPL. GOVT. PLEADER, SRI. RENJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = W.P.(C) No. 9895 OF 2008 C = = = = = = = = = = = = = = Dated this the 9th April, 2008. J U D G M E N T Petitioner is the registered owner of a mini lorry bearing registration No. KL12B 9269. The vehicle was seized on 11.1.2008 on the allegation that it carried few rose wood logs extracted from Government land. On seizure as above, proceedings have been initiated under Section 61A of the Forest Act. At this stage, what is sought for by the petitioner is that pending finalisation of the proceedings, the vehicle may be released. 2. I heard the learned Govt. Pleader, who submits that proceedings have already been initiated and that it will be finalised within two months. Though the time sought for by the learned Govt. Pleader for completion of the proceedings cannot be said to be too large a unreasonable, still I feel that in the meanwhile, leaving the vehicle exposed to sun and rain will only cause damage, which cannot be of benefit to any one of the parties. Therefore, I do W.P.(C) No. 9895 OF 2008 - 2 - not think any prejudice will be caused if the vehicle is released to the petitioner subject to conditions. 3. Accordingly, I direct that the 2nd respondent shall get the value of the vehicle assessed by a competent officer of the Motor Vehicles Department and if the petitioner furnishes bank guarantee for the full value and also gives an undertaking to produce the vehicle as and when called for without alienating or encumbering the same, the vehicle shall be released to the petitioner. 4. Petitioner shall produce copy of this judgment before the 2nd respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-