IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 WP(C).No. 34589 of 2008(P) -------------------------- PETITIONER(S): --------------- 1. K. SALALUDEEN, S/O. KARRIMKUNJU RAWTHER, AGED 62 YEARS, SAM COTTAGE, PERINGAMALA.P.O, NEDUMANGADU TALUK, TRIVANDRUM DISTRICT. 2. NUJUM, S/O. ABDUL RAZAK, PALAMON CHARUVILA VEEDU, VAYYANAM, ITTIVA VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. 3. SURENDRA DAS, S/O. KUNJUKRISHNAN, AGED 60 YEARS, KUZHIYIL VEEDU, CHITHARA.P.O, KADAKKAL, KOTTARAKKARA TALUK, KOLLAM DISTRICT. 4. M. ABDUL BASHEER,DAR S SALAM, MANJAPPRA, PROPRIETOR, S.S. WOOD INDUSTRIES, MANJAPPRA.P.O. BY ADV. SRI.A.SHAFEEK RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, FOREST DEPARTMENT, TRIVANDRUM. 2. DISTRICT FOREST OFFICER, THENMALA. 3. RANGE OFFICER, KULATHUPUZHA RANGE. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).34589/2008 -------------------- Dated this the 3rd day of December, 2008 JUDGMENT Petitioners 1 to 3 are the registered owners of certain vehicles, details of which are referred to in Exts.P1 to P3. Fourth petitioner has been conducting a sawmill at Manjappra in Ittiva Grama Panchayat. It seems that the third respondent registered O.R. No.26/2008 under the Kerala Forest Act, 1961, against 10 persons including petitioners 2 and 4, on the allegation that the accused therein have cut and removed three teak trees from the forest under Chithara North Section of Kulathupuzha Range and the same has been sold to one Sadique. Sadique loaded the above teak woods in the lorry of the first petitioner. Similar is the allegation in relation to the vehicles of petitioners 2 and 3 as well, in as much as that Sadique was responsible for the registration of offence. In another words, according to petitioners 1 to 3, their vehicles were misused by another person, without their knowledge. W.P.(C).34589/2008 2 2. Learned Government Pleader submits that confiscation proceedings under Section 61A of the Forest Act are underway both in relation to the consignment as also in relation to three vehicles, involved therein pursuant to registration of offence, O.R.26/2008. In these circumstances, learned counsel for the petitioners prays for interim custody of the vehicles. 3. Learned Government Pleader submits that Supreme Court has deprecated the practice of releasing vehicles involved in forest offences on interim custody, pending finalization of the confiscation proceedings. Government Pleader further submits that it is appropriate that the confiscation proceedings are completed at the earliest, and it may not be appropriate to direct the respondents to release the vehicles on interim custody pending confiscation proceedings. 4. In the result, writ petition is disposed of directing the second respondent, the District Officer, to complete the confiscation proceedings arising from O.R.No.26/2008 of Kulathupuzha Range, as early as W.P.(C).34589/2008 3 possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. Vehicles claimed by petitioners 1 to 3 shall be released to them subject to the decision taken on completion of the confiscation proceedings. 5. In so far as the sawmill articles claimed by the fourth petitioner are concerned, release of the same shall also be subject to the completion of the confiscation proceedings, as is directed to be done in the case of the vehicles as well. If the confiscation proceedings are not completed within the aforementioned period of three months, then vehicles as also the sawmill article claimed by petitioners 1 to 3 and the fourth petitioner respectively, shall be released to them on them furnishing bank guarantee for such amount as is deemed appropriate by the Forest Officials. V.GIRI, Judge mrcs