IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 17TH DECEMBER 2010 / 26TH AGRAHAYANA 1932 WP(C).No. 36085 of 2010(I) --------------------------------------- PETITIONER(S): ----------------------- K.J. SAJEEVAN, S/O. JOHN, KALLOLIL HOUSE, ARATTUTHARA.P.O., MANANTHAVADY, WAYAND. BY ADV. SRI.LALJI P.THOMAS RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-690 001. 2. FOREST RANGE OFFICER, KALPETTA, WAYANAD-675 051. 3. THE DIVISIONAL FOREST OFFICER, DIVISIONAL FOREST OFFICE, SOUTH WAYANADU DIVISION, KALPETTA-675 051. R1 TO R3 BY GOVT. PLEADER MR.P.M. PAULOSE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs ANTONY DOMINIC, J. ------------------------- W.P (C) No.36085 of 2010 -------------------------- Dated this the 17th December, 2010 J U D G M E N T Petitioner is the registered owner of a Maruti Van bearing Reg. No.KL-12/C-2733. The vehicle was involved in O.R No.4/2007. During the pendency of the proceedings, pursuant to the directions in Ext.P3 judgment on the petitioner furnishing Bank Guarantee, the vehicle was released to him. Accordingly the vehicle was released. Inspite of it, now by Ext.P4 he has ordered to surrender the vehicle. It is also informed that on failure the Bank Guarantee will be encashed. It is challenging Ext.P4, the writ petition is filed. 2. A reading of Ext.P4 itself will show that adjudication under Section 61 of the Forest Act has been completed and on 6.9.2010, an order of confiscation has been passed by the respondents exercising the powers under 61 B of the Forest Act. In this writ petition, that order is not under challenge. If that be so, it is only a natural consequence that petitioner should either to surrender the vehicle or the respondents are at liberty to W.P (C) No.36085 of 2010 2 encash the bank guarantee. Therefore, Ext.P4 is unassailable. 3. It is clarified that this judgment will not stand in the way of the petitioner in seeking his remedies against the order of confiscation on the basis of which Ext.P4 is now issued. Writ petition is disposed of as above. Sd/- ANTONY DOMINIC JUDGE ma /True copy/ P.A to Judge