IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 WP(C).No. 16465 of 2011(G) -------------------------- PETITIONER(S): ---------------------- MATHAI AUGUSTHY,S/O.MATHAI, ARAKUNNEL,EZHUMUTTOM KARA, KARIMANNUR VILLAGE THOUDPUZHA BY ADV. SRI.KOSHY GEORGE SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): ----------------------- 1. THE STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT MINISTRY OF FORESTS,SECRETARY, THIRUVANANTHAPURAM-695037 2. THE RANGE OFFICER, THODUPUZHA RANGE OFFICE, THODUPUZHA, IDUKKI DISTRICT-685584 3. THE DIVISIONAL FOREST OFFICER, DIVISIONAL FOREST OFFICE, KOTHAMANGALAM,ERNAKULAM DISTRICT-686691 4. THAHASILDAR, THODUPUZHA, IDUKKI DISTRICT-685584 5. VILLAGE OFFICER, UDUMBANNUR VILLAGE, IDUKKI DISTRICT-685595 SR.GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.16465/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE REGISTRATION PARTICULARS OF LORRY NO.KL6 5677 OF THE PETITIONER. EXT.P2: TRUE COPY OF THE SEIZURE REPORT PREPARED BY THE 2ND RESPONDENT DT 2.4.2011. EXT.P3: TRUE COPY OF THE REPORT OF THE 5TH RESPONDENT to HE 4TH RESPONDENT. EXT.P4: TRUE COPY OF THE PETITION FILED BY GEORGE BEFORE THE 2ND RESPONDENT DT 3.5.2011. EXT.P5: TRUE COPY OF THE COMMISSION REPORT IN O.S.183/2010 OF MUNSIFF COURT, THODUPUZHA. EXT.P6: TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 5TH RESPONDENT TO GEORGE DT 4.8.2010. EXT.P7: TRUE COPY OF C.M.P.4128/2011 FILED BY PETITIONER DT 19.5.2011 BEFORE J.F.C.MCOURT-1, THODUPUZHA. EXT.P8: TRUE COPY OF THE REPORT FILED BY THE 2ND RESPONDENT BEFORE J.F.C.M.COURT-1, THODUPUZHA DT 23.5.2011. EXT.P9: TRUE COPY OF ORDER IN C.M.P.4128/2011 DT 30.5.2011 PASSED BY J.F.C.M.COURT-1, THODUPUZHA. EXT.P10: TRUE COPY OF REPRESENTATION FILED BY PETITIONER DATED 7.6.2011 BEFORE THE 3RD RESPONDENT. EXT.P11: TRUE COPY OF LETTER OF THE 2ND RESPONDENT DT 8.6.2011 TO THE 4TH RESPONDENT. EXT.P12: TRUE COPY OF LETTER OF THE 4TH RESPONDENT DT 11.6.2011 TO THE 5TH RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 16465 OF 2011 ===================== Dated this the 20th day of June, 2011 J U D G M E N T Petitioner claims to be the registered owner of a goods carrier bearing Regn.No.KL-6 5677. According to the petitioner, while the vehicle was taken on hire, it was used for transportation of timber. Alleging that the timber transported was collected from the reserve forest, the respondents herein seized the vehicle and the timber on 2/4/11. It is stated that proceedings are pending before the 3rd respondent and according to the petitioner though he made an application for interim custody of the vehicle, orders have not been passed and that led the petitioner to file this writ petition. 2. Admittedly the vehicle is involved in a confiscation proceedings under the Kerala Forest Act on the allegation that it was used for the transportation of illicit timber. This allegation renders the vehicle liable for proceedings under Section 61A of the Forest Act and such proceedings are to be completed by the 3rd respondent. This the 3rd respondent shall do with notice to the petitioner also and as expeditiously as possible at any rate within WPC No. 16465/11 :2 : 6 weeks of production of a copy of this judgment. 3. In the meanwhile, it is directed that, on the production of a copy of this judgment, the 3rd respondent will get the value of the vehicle assessed by a competent officer of the motor vehicles department. Once the value is so assessed and if the petitioner furnishes bank guarantee for the full value, interim custody of the vehicle will be given to the petitioner. It is directed that before interim custody is given, petitioner shall give an undertaking to the 3rd respondent not to alienate or encumber the vehicle until proceedings against the vehicle are finalised. 4. Petitioner shall produce a copy of this judgment before the 3rd respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp